Terms & Conditions

Who we are

We Got The Night (WGTN) is a corporation duly organized and existing under the laws of Maryland , US , TAX ID 52-1434107 New York Lifestyle lnc, with offices at 7917 Cessna Ave, unit i

Gaithersburg md 20879.

Introduction:

WGTN operates the “wegotthenight.com” platform, which includes this website and our web application . Our platform is designed to assist users in discovering curated experiences in their cities.

Definitions:

Throughout these terms and conditions, the terms “we,” “us,” and “our” refer to WGTN . The term “platform” refers collectively to our website and web application .

At WGTN, we’re dedicated to empowering event organizers and attendees alike, fostering meaningful connections and unforgettable experiences. Through our platform, organizers can effortlessly create, manage, and promote both online and in-person events, leveraging a suite of powerful marketing tools to engage with their audience. Meanwhile, users, including organizers, planners, and charitable organizations, can showcase their events with dynamic webpages featuring registration options, speaker profiles, fundraising opportunities, and more. Whether it’s selling tickets, registrations, merchandise, or accepting donations, WGTN provides a seamless solution for event management and promotion, ensuring every event shines and every attendee feels connected.

Acceptance of Terms:

By accessing or using our platform, you agree to comply with and be bound by these terms and conditions. The following guidelines detail the terms and conditions governing the use of our Services (referred to as the “Terms of Use”). By engaging with our Services in any manner, you are subject to these Terms of Use. Upon accepting the Terms of Service and utilizing the Services, you agree to adhere to these Terms of Use without modification, forming a legally binding contract with our website.

These Terms of Use, along with the rights and responsibilities they entail, are supplementary to and become part of the Terms of Service through reference. They do not alter, waive, amend, or revoke any other terms within the Terms of Service agreement.

User Conduct:

You agree to use our platform in accordance with applicable laws and regulations and refrain from engaging in prohibited activities, including but not limited to spamming, harassment, unauthorized access, and posting illegal content.

User Registration:

When registering for an account on our platform, you agree to provide accurate and complete information and to maintain the confidentiality of your account credentials.

Platform Features:

Our platform allows users to discover curated experiences in their cities, including but not limited to events, activities, and services offered by third-party providers.

Intellectual Property:

All content and materials available on our platform, including but not limited to text, graphics, logos, images, and software, are the property of WGTN or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Links to Third-Party Websites:

Our platform may contain links to third-party websites or services that are not owned or controlled by WGTN . We are not responsible for the content or actions of these third-party websites or services.

Disclaimer of Warranties:

We Got The Night makes no warranties or representations about the accuracy, reliability, or completeness of the content or materials available on our platform.

Limitation of Liability:

In no event shall WGTN be liable for any indirect, incidental, special, consequential, or punitive damages arising outof or relating to your use of our platform.

Indemnification:

You agree to indemnify and hold WGTN harmless from any claims, damages, losses, liabilities, costs, or expenses arising out of or relating to your use of our platform.

You agree to defend, indemnify, and hold harmless WGTN and its affiliates from any and all damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) resulting from any claim made by a third party relating to or arising out of various circumstances, including your breach of these Terms, unauthorized use of the Services, failure to obtain or maintain necessary licenses, errors in obtaining or maintaining licenses, feedback you give or receive, breach of applicable laws or regulations, our collection and remission of taxes, and any events you organize through WGTN (including services provided by us), as well as your content and trademarks. We will notify you of any such claim, but our failure or delay in doing so will not relieve you of your indemnification obligations unless you are materially prejudiced by such failure. Additionally, in certain cases, we may handle the claim ourselves, and you agree to cooperate with us as requested.

Applicable Law and Jurisdiction:

These terms and conditions shall be governed by and construed in accordance with the laws of Maryland, US. Any disputes arising out of or relating to these terms and conditions shall be resolved exclusively in the courts.

Contact Information:

If you have any questions or concerns about these terms and conditions, please contact us at help@wgtn.org

Notices to you may be sent via email or regular mail to the address on file with WGTN. Changes to these Terms of Service or other important matters may also be communicated through notices or links displayed on the Services. If you need to contact WGTN or deliver any notice, you can do so using the following methods:

A) By mail:

help@wgtn.org

– United States:

7917 Cessna ave, unit i

Gaithersburg md 20879

Please be aware that any notice regarding personal data matters should be directed according to the terms outlined in the Privacy Policy.

Terms of service:

WGTN hereby provides you with a personal, non-transferable, and limited right to access and utilize the Services offered by WGTN. This includes browsing the platform, searching for, viewing, registering for, or purchasing tickets, as well as making donations to events listed on WGTN. If you are an Organizer, you are also granted the right to create event-related pages, manage events, and collect sales proceeds, all in compliance with our Terms of Use, Merchant Agreement, Privacy Policy, and applicable laws.

You are expressly prohibited from:

– Copying, modifying, or creating derivatives of any part of the Services.

– Attempting to reverse engineer or discover the source code of the Services.

– Renting, leasing, or reselling the Services for commercial purposes.

– Removing or altering any proprietary notices on the Services.

– Engaging in any activity that disrupts or interferes with the Services.

Any rights not explicitly granted are reserved.

Event’s role:

Unless otherwise specified in the contract between WGTN and the Event Organizer (e.g., in cases where WGTN purchases inventory in advance for certain events), WGTN does not assume the role of organizing or owning the events listed for sale or registration on our platform. Instead, WGTN provides a platform for Event Organizers to showcase and promote their events. However, it’s important to clarify that all sales are primarily managed by the respective Organizer listed on the event page.

WGTN acts as a limited agent on behalf of the Organizer solely for the purpose of utilizing third-party payment providers to process payments made by Customers on our platform for an event. These payments are then forwarded to the relevant Organizer. It remains the Organizer’s sole responsibility to ensure that event page postings on our platform and the execution of the underlying event comply with all applicable laws and regulations. Additionally, the Organizer must ensure the satisfactory delivery of any goods or services described in event postings.

Payment:

Customers attending the events organized by WGTN will make all payments through the WGTN Applications. WGTN may utilize third-party payment processing partners to handle transactions as the Organizer’s limited payment agent.

Fees:

At WGTN, creating an account, listing an event through our 0% Commission Link, and accessing our Services are all free of charge. We only apply fees when you sell or purchase paid tickets or registrations through one of our platforms. The standard fees listed on our Services represent the fees we typically charge to Organizers, although these fees may vary based on individual agreements between WGTN and certain Organizers.

These fees will be included in the ticket or registration price, and may either be paid by the Organizer out of the gross proceeds or deducted by WGTN from the amount owed to the Organizer, at our sole discretion. The fees charged to Customers may also include additional charges such as facility fees, royalties, taxes, processing fees, and fulfillment fees.

It’s important to note that the fees paid by Customers for an event may differ from those charged by WGTN to the applicable Organizer, or from the standard fees described in the Merchant Agreement. Some fees are intended to cover certain costs incurred by WGTN, while others may include elements of profit or loss.

Please be aware that WGTN does not have control over the fees imposed by your bank or credit card company, including fees for purchasing tickets or registrations in foreign currencies or from foreign entities. We recommend checking with your bank or credit card company before making a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.

Refund policy:

At WGTN, the exchange and refund policies established by our Event Organizers typically prevent us from facilitating exchanges or issuing refunds after a booking has been made.

However, if a Customer requests a refund or exchange, WGTN will handle the process. We encourage all Customers to reach out to WGTN’s Customer Service with any refund requests.

Please note that WGTN tickets are generally non-refundable. However, in the event of a postponement, change of venue, significant alteration to the event , or any cancellation for reasons beyond WGTN’s control, Customers must contact WGTN no later than the Monday( first day of the week) following the event date. They can request either a voucher for the same ticket at a later date or an equivalent credit to be used for other plans available through the platform .

Email:

WGTN may provide you with features and tools, such as Email Tools, that enable you to communicate with other users of the Services or third parties via email. If you choose to utilize these Email Tools, you affirm, warrant, and agree to the following:

(a) You possess the necessary rights and authority to send emails to the addresses on your recipient list. This includes ensuring that such addresses were obtained on an opt-in basis, as required by applicable laws. Your emailing of these addresses must also comply with the privacy policy disclosed to recipients at the time of collection.

(b) Your use of the Email Tools adheres to all relevant laws, including those governing spam and email communications.

(d) Your use of the Email Tools and the content of your emails comply with Restrictions section of our Terms of Use.

(e) You refrain from using false or misleading headers or deceptive subject lines in emails sent via the Email Tools.

(f) You clearly identify commercial email messages as such.

(g) You do not attempt to conceal, disable, or remove the unsubscribe link provided by WGTN in every email.

If you violate any of the above conditions, if your utilization of the Email Tools leads to bounce rates, complaint rates, or unsubscribe requests surpassing industry norms, or if your emails disrupt the functioning of the Services, WGTN reserves the right to take various measures. These may include restricting or suspending your access to the Email Tools or, as a last resort, terminating your account.

registration:

As part of certain registration procedures on the Services, you will be required to create an account or modify existing account information. You hereby agree:

(a) to furnish genuine, precise, up-to-date, and complete information about yourself (referred to as “Registration Data”); and

(b) to regularly update the Registration Data to ensure its accuracy and completeness.

In the event of any disagreement between multiple parties regarding account ownership, you acknowledge that WGTN will be the ultimate decision-maker in resolving such disputes at its discretion. You further agree that WGTN’s decision, which may involve the termination or suspension of any disputed account, will be conclusive and binding on all parties involved.

Security and password:

You are accountable for safeguarding the secrecy of your password and account information and bear full responsibility for any actions taken under your account. You commit to promptly informing WGTN of any unauthorized use of your password or account, as well as any security breaches.

Age:

WGTN prioritizes the safety and privacy of children. To align with the terms of use of any third-party service providers utilized by WGTN, you must be at least eighteen (18) years old, or the legal age of majority in your jurisdiction, to access and use the Services. If you are under eighteen (18) years old, you may only use the Services with the supervision of a parent or guardian. Additionally, individuals under the age of thirteen (13) are not permitted to use the Services or register for an account.

Our content :

You acknowledge that all material, including but not limited to information, data, text, editorial content, design elements, appearance and atmosphere, formatting, graphics, images, photographs, videos, music, sounds, and other content (referred to collectively as “Content”), accessible through the Services or provided by WGTN in connection with the Services (collectively referred to as “Website Content”), is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property rights and laws. WGTN may own the Website Content entirely, or portions of it may be provided to WGTN through agreements with third parties. The collection of all Website Content available through the Services is exclusively owned by WGTN and is safeguarded by copyright laws.

Unless expressly authorized in writing by WGTN or in connection with the permitted use of the Services’ intended functionality, you agree not to engage in the following activities with respect to any Website Content: selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works. Moreover, you agree not to post any Website Content on any other website or within a networked computer environment for any purpose, unless expressly permitted.

You are only permitted to use the Website Content for purposes allowed by these Terms of Use and any applicable laws or regulations. Any rights not explicitly granted herein are reserved by WGTN.

Your content:

You acknowledge and agree that by contributing, providing, or making available any Content to the Services (referred to as “Your Content”), you grant WGTN a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license. This license allows WGTN to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on Your Content, either in whole or in part, in any media format. This license is granted for the purpose of operating the Services, including WGTN’s promotional and marketing endeavors.

However, it’s important to note that WGTN does not claim ownership rights to Your Content, and you do not transfer ownership to WGTN by granting this license. You retain all ownership rights to Your Content, and you are free to use and exploit it outside of the Services.

By providing Your Content, you represent and warrant that you have the necessary rights, power, and authority to grant the license described above. You also assert that Your Content:

(a) does not infringe, violate, misappropriate, or conflict with the rights of any third party;

(b) complies with all applicable laws and regulations; and

(c) does not violate the Terms of Service, including these Terms of Use and the Privacy Policy. Additionally, Your Content must be accurate and truthful.

WGTN reserves the right to remove any of Your Content from the Services if we believe, at our discretion, that it violates the Terms of Service, including these Terms of Use.

Furthermore, you consent to WGTN using your name and logo (whether or not provided through the Services) to identify you as a current or former customer of WGTN, both on the Services and in marketing, advertising, and promotional materials.

Feedback:

You acknowledge that:

(a) Any suggestions for corrections, changes, and modifications to the Services, as well as other feedback (collectively referred to as “Feedback”) provided to WGTN by you, including quotations of written or oral feedback, and all information and reports, are the property of WGTN.

(b) All improvements, updates, modifications, or enhancements, whether developed by WGTN or otherwise related to Feedback (collectively referred to as “Revisions”), also belong to WGTN.

All Feedback and Revisions become the exclusive property of WGTN, and we reserve the right to use and disclose them in any manner and for any purpose without further notice or compensation to you. By providing Feedback, you are assigning to WGTN any and all rights, titles, and interests you may have in and to any Feedback and Revisions. You also agree to waive any moral rights you may have in any Feedback and Revisions and consent to any act that may infringe upon such moral rights in favor of WGTN.

If requested by WGTN, you agree to execute any document, registration, or filing necessary to enforce these provisions.

Restrictions:

All interactions on the WGTN Website must adhere to WGTN’s Terms of Service. If, in our sole discretion, your conduct restricts or inhibits any other user from using or enjoying any part of the Website, we may limit your privileges on the Website and pursue other remedies. The following activities, performed by any user of the Website, are prohibited and constitute explicit violations of the Terms of Service and these Terms of Use:

Submitting any content to the Website that:
i) Contains personal information of users, such as their email and name (“Personal Information”), except when expressly requested by us;
ii) Violates any applicable national or international laws, including but not limited to intellectual property laws, laws relating to rights of privacy and rights of publicity, and defamation laws;

iii) Offers unauthorized downloads of any copyrighted, confidential, or private information;

iv) Impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation with any person or entity;
v) Poses a privacy or security risk to any person;
vi) Uses offensive language or images;

vii) Contains software viruses, malware, or any other computer code designed to interrupt or limit the functionality of any computer software or hardware; or

viii) Is protected by copyright, trademark, or other proprietary rights without the express permission of the owner of such rights.

Attempting or engaging in any of the following:
i) Interfering with, disrupting, or damaging the service provided to any user, including submitting a virus to the Website or attempting to overload, “flood,” “spam,” “mail bomb,” or “crash” the Website;
ii) Scanning or monitoring the Website for data gathering purposes to track sales, usage, aggregate offering information, pricing information, or similar data;

iii) Scanning or testing the security or configuration of the Website or attempting to breach security or authentication measures; or

iv) Accessing data not intended for you, such as logging into a server or an account which you are not authorized to access.

Using any of the following:
i) Frames, framing techniques, or framing technology to enclose any content included on the Website without our express written permission;
ii) Any Website content, including without limitation “Customer Information,” in any meta tags or any other “hidden text” techniques or technologies without our express written permission;

iii) The Website or any of its resources to solicit consumers, activity providers, or other third parties to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with WGTN;

iv) The Website or any of its contents to advertise or solicit any content with commercial, political, or religious purposes.

Collecting any of the following:
i) Personal Information, “Customer Information,” or content from the Website with the aim of featuring such content to consumers in any manner that diverts traffic from the Website without our express written permission.

Engaging in any of the following:
i) Tampering or interfering with the proper functioning of any part, page, or area of the Website or any functions or services provided by WGTN;
ii) Violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;

iii) Reselling or repurposing your access to the Website or any purchases made through the Website;

iv) Using any WGTN account for resale or for speculative, false, fraudulent, or any other purpose not expressly permitted by these Terms of Use;
v) Taking any action that places excessive demand on our services or imposes, or may impose, an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
vi) Accessing, monitoring, or copying any content from the Website using any “robot,” “spider,” “scraper,” or other automated means or any manual process for any purpose without our express written permission;

vii) Aggregating any current or previously-offered activities or other content or information from the Website (whether using links or other technical means or physical records associated with purchases made through the Website) with material from other websites and publishing it neither on our Website nor on a secondary website without our express written permission;

viii) Deep-linking to any portion of the Website (including, without limitation, the purchase path for any Ticket) without our express written permission;

ix) Hyperlinking to the Website from any other website without our written consent; or
x) Acting illegally or maliciously against the business interests or reputation of WGTN and/or its subsidiaries or affiliates.

You understand and agree that WGTN may retain Your Content and account information, and may disclose Your Content and account information when required by law or in response to potential requests from public authorities and courts to:

(a) Comply with legal processes;

(b) Address claims that any of Your Content violates the rights of third parties;

(d) Protect the rights, property, and/or personal safety of WGTN, its users, and/or the public, including fraud prevention.

You acknowledge that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to the technical requirements of connecting networks or devices.

Additional Service:

Upon request and for fees established by WGTN in its sole discretion, WGTN may offer additional services beyond the basic functionality of the Site . These services may include marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist with event setup, and offering dedicated account management services. All such additional services, whether provided before, during, or after your event, are considered part of the Services and are subject to the terms and conditions of the Terms of Service, including these Terms of Use. These additional services will be outlined in additional terms and conditions or other written agreements between you and an authorized officer of WGTN. These agreements will specify the applicable fees and other terms and conditions related to the additional services.

Coupon:

From time to time, WGTN may issue vouchers (referred to as “Coupons”) to Customers for redemption when purchasing a paid event through any of the WGTN platforms. The use and redemption of these coupons will be subject to specific conditions specified by WGTN and included in the Coupon information provided to the Customer. WGTN reserves the right to establish, at its sole discretion, different policies or sets of terms for each Coupon issued.

Coupons are the property of WGTN and are offered at its discretion. Users acknowledge that Coupons may be subject to change, whether redeemed or not, as deemed necessary by WGTN.

Each Coupon has its own expiration date and conditions, which will be specified on the coupon itself and made available to the Customer. Plans purchased using invalid coupons will be automatically cancelled.

Third party:

The Services may include links to

other websites or resources, which may be provided by Users, particularly Event Organizers. Since WGTN has no control over such external websites and resources, you acknowledge and agree that WGTN is not responsible for their availability. WGTN does not endorse, and is not responsible or liable for, any content, advertising, products, services, or other materials available on or through such websites or resources, or any damages or losses resulting from them, even if they are connected with WGTN partners or third-party service providers.

Any personal data processed by these third-party websites is subject to their own privacy policies, which you should carefully read and accept, when applicable. WGTN does not transfer any personal data to these third-party websites, except in cases specified in our Privacy Policy.

Linked accounts:

Within the Services, you may have the option to connect your account with a third-party service, like a social media platform (e.g., Facebook ). By linking such a third-party account, you consent to WGTN accessing, retrieving, and storing any content that you have shared or stored on that third-party platform, making it available on or through the Services.

Disclaimer:

The Website and its content are provided on an “as-is” and “as-available” basis. WGTN disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. WGTN does not guarantee that the Website will be error-free, uninterrupted, or that it will produce specific results from the use of the Website or any content, search, or link on it. WGTN cannot guarantee that files downloaded from the Website will be free of viruses or other harmful features. WGTN will not be liable for any damages arising from the use of this Website, including direct, indirect, incidental, punitive, and consequential damages. WGTN does not guarantee any specific results from the use of this Website or the service. We strive to provide WGTN Services tailored to your needs, but there are some limitations to what we can assure.

WGTN Services, including Beta Services, are provided on an “as is” and “as available” basis, subject to applicable laws. WGTN explicitly disclaims all warranties, whether express or implied, including merchantability, title, non-infringement, and fitness for a particular purpose. We cannot guarantee that:
The Services will meet your specific requirements or expectations;
The Services will be uninterrupted, timely, secure, or error-free; or
The results obtained from using the Services will be accurate or reliable.

We have limited control over and do not guarantee the quality, safety, success, accuracy, or legality of any event or Site Content associated with it. We also do not guarantee the accuracy of information provided by Users, including Feedback and personal information shared with Organizers in connection with events, nor the ability of any User to complete a transaction.

WGTN is not liable for the acts or omissions of any third parties, including those assisting us in providing Services, those chosen by an Organizer for event assistance, or those contracted by you when using the Services.

Please note that the Website and its content are provided by WGTN on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Website will be error-free, uninterrupted, or produce specific results. WGTN will not be liable for any damages arising from the use of this Website, including direct, indirect, incidental, punitive, and consequential damages. We do not guarantee any specific results from the use of this Website or the service.

Limitation of liability :

While we strive to ensure seamless operation of the WGTN website, there may be occasions beyond our control, such as essential maintenance or internet service disruptions, resulting in temporary service interruptions. During such instances, WGTN cannot be held liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, or for lost profits, revenues, or business opportunities, even if we have been made aware of the possibility of such damages. We also disclaim any liability for indirect or consequential losses, including loss of profit, business, revenue, data, goodwill, or reputation. WGTN absolves itself of responsibility for the actions or conduct of third-party users, advertisers, sponsors, or users of our platform. Additionally, we do not assume responsibility for the products, services, actions, or omissions of any venues, performers, promoters, or other third parties mentioned on our platform. However, it’s essential to note that these terms do not limit or exclude our liability in cases of death or personal injury due to negligence, fraudulent misrepresentation, or any liability that cannot be excluded or restricted by law.

To the extent permitted by applicable laws, WGTN, its affiliates, subsidiaries, officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees, and any applicable card schemes, shall not be liable under any circumstances or legal theory, whether in tort, contract, or otherwise, with respect to the services or any other subject matter of these terms of service, including without limitation the terms of use, the merchant agreement, and any other part of these terms of service, for: (a) any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if WGTN has been advised of the possibility of such damages), (b) the cost of procurement of substitute services, (c) any of your content (as defined in the terms of use) or any content of any other user of the services, or (d) any matters beyond WGTN’s reasonable control. in addition, other than the obligation of WGTN to pay out event registration fees to certain organizers under the merchant agreement, the maximum aggregate liability of WGTN, its payment processing partners, licensors, and any applicable card schemes for all damages, losses, liabilities, costs, and expenses under any legal theory, whether in tort, contract, or otherwise, with respect to, arising out of, or related to the services, or any other subject matter of these terms of service, including without limitation the terms of use, the merchant agreement, and any other part of these terms of service, shall be limited to (i) for organizers of events with paid tickets or registrations, and subject to the terms of the merchant agreement, the commissions (net of WGTN payment processing fees) that WGTN charged you with in the three (3) month period immediately preceding the circumstances giving rise to your claim; and (ii) for organizers of events with free tickets only, organizers of events promoted through a 0% commission link, customers, and other users, either (1) the total amount of all tickets or registrations that you purchased or made through the services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred u.s. dollars (us$100).

nothing in these terms of service is intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited. some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract, or breach of implied terms, or incidental or consequential damages. accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.

Privacy policy:

Customer Information provided by a Customer on event pages created by an Organizer on the Services will be shared with the respective Organizer and may also be utilized by WGTN in accordance with our Privacy Policy, which includes potential marketing or promotion of other events or services that might interest the Customer. It’s important to note that payment data, as defined in the Privacy Policy, will not be disclosed to Organizers. Each Organizer agrees to abide by all applicable laws, rules, and regulations regarding Customer Information and to adhere to any relevant policies posted on the Services. Additionally, upon request from a Customer or as permitted in customer Terms of Use, WGTN reserves the right to delete or anonymize the Customer Information of a requesting Customer from the Services. In this context, “Customer Information” refers to details about a Customer accessible on or through the Services, including name, address, email address, past event attendance, event interests, credit card type, last 4 credit card digits, and phone numbers, excluding Payment Data.

Agreement:

By clicking “Sign Up,” “Register Now,” “Get Started,” “Create your Event,” or similar buttons to create a registered account, or by purchasing a ticket to an event, registering for an event (including free events), purchasing merchandise, a service, or making a donation related to an event by clicking “Pay Now,” “Register Now,” “Buy Now,” “Purchase,” “Join,” or similar buttons, you agree to these Terms of Service and enter into a binding contract with WGTN. If you are a registered user who has not expressly accepted the Privacy Policy, WGTN will only process personal data necessary to provide the Services. If you do not agree to any part of these Terms of Service, do not access or use the Services. If you are using the Services on behalf of an entity, you agree to these Terms of Service on behalf of that entity and its affiliates, representing that you have the authority to do so. If you lack such authority or disagree with any part of these Terms of Service, refrain from using or accessing the Services.

THESE TERMS OF SERVICE INCLUDE:

(A) AN ARBITRATION PROVISION FOR USERS IN THE UNITED STATES;

(B) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST WGTN FOR USERS IN THE UNITED STATES;

(D) LIMITATIONS OF LIABILITY FOR THE BENEFIT OF WGTN; AND

(E) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST WGTN ARISING FROM DISPUTES BETWEEN YOU AND THIRD PARTIES IN CONNECTION WITH YOUR USE OF THE SERVICES.

BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.

Additional terms may apply to you:

By accepting these Terms, you confirm your understanding and agreement with the Privacy Policy and Cookie Statement applicable to all Users, which are integral parts of these Terms.
Adherence to WGTN’s Community Guidelines is mandatory for all Users and is included within these Terms, impacting acceptable content and behavior on the Services. Please review them thoroughly.
Users may also be subject to further terms referenced within these Terms.

This set of Terms of Service, which encompasses the Terms of Use, Merchant Agreement, Privacy Policy, and any other associated documents, serves as the comprehensive agreement between you and WGTN, dictating your utilization of the Services. It overrides any previous or concurrent agreements, proposals, discussions, or communications between you and WGTN concerning this matter, except for any formal Ticketing Services Agreement, WGTN Equipment Lease Agreement, or Addendum Agreement executed between you and an authorized officer of WGTN concerning a particular event or events.

Modify

WGTN reserves the exclusive right, at its sole discretion, to amend or replace any terms or conditions within these Terms of Service (or any agreements forming part of these Terms of Service) at any time (collectively referred to as “Modifications”). Any adjustments to these Terms of Service will be publicly posted on the WGTN website, along with an updated “Updated” date. In certain cases, WGTN may provide extra notice of such Modifications, whether through email or in-Service notifications. Modifications will become effective either on any date established by Law or thirty (30) days after the “Updated” date, or on any other communicated date. However, changes related to new functionalities of the Services or those that do not impose additional burdens or obligations on you will take effect immediately. WGTN will always notify you of any changes that may affect the use or processing of your Personal Data. Your continued use of the Services after the effective date of any Modifications to these Terms of Service constitutes your acceptance of those Modifications. If any Modification to these Terms of Service is unacceptable to you, you must cease accessing, browsing, and otherwise using the Services. Other than the provisions outlined in this paragraph, these Terms of Service may only be amended through a written Ticketing Services Agreement or a written Addendum Agreement, signed by you and an authorized officer of WGTN.

Content:

By WGTN:

Unless specified otherwise in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of WGTN, WGTN reserves the right to terminate your access to the Services under the following circumstances: (a) your violation or breach of these Terms of Service; (b) your misuse or abuse of the Services; or (c) if permitting you to use the Services would contravene any applicable local, state, provincial, national, and other laws, rules, and regulations, or would expose WGTN to legal liability. We will make reasonable efforts to notify you of any such termination. Additionally, you acknowledge that WGTN shall not be held liable to you or any third party for terminating your access to or use of the Services. Upon account closure, WGTN will delete all of your Personal Data.

by you:

Unless specifically agreed upon in a separate written Addendum Agreement or Ticketing Services Agreement between you and an authorized officer of WGTN, you retain the right to terminate your access to the Services and these Terms of Service by deleting your account. Customers can cancel their accounts by reaching out to a WGTN office via phone or email using the contact details provided in its Section Event Organizers, excluding those bound by a separate Ticketing Services or Partnership Agreement, can also cancel their accounts by contacting the designated contacts outlined herein.

Should a separate agreement between you and WGTN regarding your use of the Services come to an end, these Terms of Service (as unaltered by such agreement) will govern your use of the Services until you opt to cancel your account.

Survival:

All clauses within these Terms of Service that inherently persist beyond termination, such as limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses, shall remain in effect.

‏:Disclaimer of Warranties

‏:Disclaimer of Warranties

WGTN provides our services with a commercial level of skill and care, striving to maintain a functional, error-free, and secure platform. However, there are certain limitations and risks associated with using our services. To the fullest extent permitted by law, our services are offered on an “as is” and “as available” basis. WGTN expressly disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose.

For instance, WGTN does not warrant that (a) the services will meet your specific requirements or expectations; (b) the services will be uninterrupted, timely, secure, or error-free; or (c) the results obtained from the use of the services will be accurate or reliable. You acknowledge that WGTN has limited control over the quality, safety, or legality of events advertised, the accuracy of user content or listings, or the ability of any user to complete a transaction. WGTN is not affiliated with, and assumes no responsibility for, any third-party service providers used in conjunction with the services.

We strive to provide WGTN Services tailored to your needs, but there are some limitations to what we can assure.

WGTN Services, including Beta Services, are provided on an “as is” and “as available” basis, subject to applicable laws. WGTN explicitly disclaims all warranties, whether express or implied, including merchantability, title, non-infringement, and fitness for a particular purpose. We cannot guarantee that:
The Services will meet your specific requirements or expectations;
The Services will be uninterrupted, timely, secure, or error-free; or
The results obtained from using the Services will be accurate or reliable.

We have limited control over and do not guarantee the quality, safety, success, accuracy, or legality of any event or Site Content associated with it. We also do not guarantee the accuracy of information provided by Users, including Feedback and personal information shared with Organizers in connection with events, nor the ability of any User to complete a transaction.

WGTN is not liable for the acts or omissions of any third parties, including those assisting us in providing Services, those chosen by an Organizer for event assistance, or those contracted by you when using the Services.

Trademarks:

The trademarks, service marks, and logos associated with WGTN (the “WGTN Trademarks”) used and displayed within the Services are registered and unregistered trademarks or service marks of WGTN. Any other company, product, and service names referenced within the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” collectively with WGTN Trademarks, the “Trademarks”). The provision of the Services does not grant, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed within the Services without the prior written consent of WGTN, which must be obtained for each specific use. The Trademarks must not be used to disparage WGTN, any third party, or their respective products or services, or in any manner that may harm the goodwill associated with the Trademarks. The use of any Trademarks as part of a link to or from any website is strictly prohibited unless WGTN has given prior written consent for each individual link. Any goodwill resulting from the use of any WGTN Trademark shall accrue solely to the benefit of WGTN.

Limitation of liability:

To the fullest extent permitted by

applicable laws, WGTN, along with its affiliates, subsidiaries, officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees, and any applicable card schemes, shall not be held liable under any circumstances or legal theory, whether in tort, contract, or otherwise, concerning the services or any other subject matter of these terms of service, including, but not limited to, the terms of use, the merchant agreement, and any other part of these terms of service, for:

(a) Any indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if WGTN has been advised of the possibility of such damages),

(b) The cost of procuring substitute services,

(d) Any matters beyond WGTN’s reasonable control.

Furthermore, except for the obligation of WGTN to pay out event registration fees to certain organizers under the merchant agreement, the maximum aggregate liability of WGTN, its payment processing partners, licensors, and any applicable card schemes for all damages, losses, liabilities, costs, and expenses under any legal theory, whether in tort, contract, or otherwise, concerning, arising out of, or related to the services, or any other subject matter of these terms of service, including, without limitation, the terms of use, the merchant agreement, and any other part of these terms of service, shall be limited to:

(I) For organizers of events with paid tickets or registrations, and subject to the terms of the merchant agreement, the commissions (net of WGTN payment processing fees) that WGTN charged you within the three (3) month period immediately preceding the circumstances giving rise to your claim; and

(II) For organizers of events with free tickets only, or organizers of events promoted through a 0% commission link, customers, and other users, either:

The total amount of all tickets or registrations that you purchased or made through the services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or

If you made no such purchases, one hundred U.S. dollars (US$100).

These terms of service are not intended to exclude or limit any condition, warranty, right, or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract, or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you, and our liability is limited to the maximum extent permitted by law.

Release:

WGTN operates as a platform where Customers and Event Organizers engage in transactions. However, for WGTN to function effectively, it cannot be held accountable for the actions or inactions of various Customers, Organizers, and third parties, whether on or off the Services. Therefore, in consideration of WGTN granting you access to and use of the Services, you hereby agree to release WGTN, along with its affiliates, subsidiaries, officers, directors, agents, partners, and employees, from all types of damages, losses, liabilities, costs, and expenses, whether direct, indirect, incidental, consequential, or otherwise, of any kind and nature, whether known or unknown, arising from disputes between you and third parties (including other Users) in connection with the Services or any event listed on the platform.

Additionally, you waive any applicable law or statute that states, in essence: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

Patent & copyright:

The Services are protected by a number of issued patents and patents pending. Additionally, the Content (as defined in the Terms of Use) provided within the Services is safeguarded by copyrights owned by WGTN and/or third parties. It’s important to recognize that copying portions of the Services constitutes a violation of these patent rights and copyrights.

Binding Arbitration:

ONLY FOR USERS LOCATED IN THE UNITED STATES:

Kindly review this section attentively as it impacts your rights. Any dispute or claim arising under these Terms of Service or concerning the Services will be settled through binding arbitration or in small claims court (if the claim qualifies) and will be conducted on an individual basis only. Class, consolidated, or representative arbitrations and civil actions are not allowed once this section is effective.

(a) Contact Us First:

Should you have any questions or concerns about the Services, please reach out to us first. Our customer support team will make every effort to address your questions or resolve your concerns.

(b) Agreement to Arbitrate:

In the rare instance that our customer support team is unable to resolve your concerns, both parties agree to resolve any disputes or claims under these Terms of Service or regarding the Services through binding arbitration or in small claims court (if the claim qualifies) instead of in general jurisdiction courts. This will be done on an individual basis and not as part of any purported class, consolidated, or representative proceeding. Arbitration, typically less costly and faster than a court lawsuit, employs a neutral arbitrator instead of a judge or jury. The arbitrator can grant the same damages and relief as a court, and their decisions are subject to very limited review. Only the arbitrator appointed as per this Section will have the authority to resolve any disputes or claims relating to this Section, including the scope, enforceability, and arbitrability of these Terms of Service. This arbitration provision remains in effect even after the termination of these Terms of Service. These Terms of Service signify a transaction in interstate commerce, and the interpretation and enforcement of this are governed by the Federal Arbitration Act, notwithstanding the choice of law specified sections above.

This arbitration agreement is intended to be broadly interpreted. It covers all claims related to any aspect of our relationship, whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. It also includes claims that arose before this or any prior agreement, as well as claims that may arise after termination of these Terms of Service and/or your use of the Services.

(d) Exceptions:

Despite this agreement to arbitrate, either party may (i) file an action on an individual basis in small claims court (if the claim qualifies), (ii) bring issues to the attention of federal, state, or local agencies that may be able to seek relief on a party’s behalf, and (iii) file a suit in court to seek preliminary injunctions or other interim relief pending the outcome of arbitration. Additionally, any dispute or complaint relating to our participation in the US-EU Safe Harbor Frameworks is subject to the Dispute Resolution section of our Privacy Policy before being subject to this Section

(e) No Class Actions:

Both parties agree to pursue any claims against each other solely on an individual basis and not as part of any class, consolidated, or representative proceeding. The arbitrator shall not combine multiple claims or oversee any form of collective action, ensuring that relief is only granted to the individual seeking it.

We mutually refrain from initiating class actions.

YOU AND WGTN AGREE TO BRING ANY CLAIMS AGAINST EACH OTHER INDIVIDUALLY, WITHOUT JOINING ANY CLASS OR CONSOLIDATED ACTION. THE ARBITRATOR SHALL NOT CONSIDER MULTIPLE CLAIMS TOGETHER OR SUPERVISE COLLECTIVE ACTIONS. ANY RELIEF GRANTED WILL BE LIMITED TO THE INDIVIDUAL SEEKING IT, IN ACCORDANCE WITH APPLICABLE LAW.

Both parties recognize that arbitrations may involve similar issues. Hence, if one party commences arbitration that overlaps with a pending arbitration involving the other party and a third party, the latter may request that the same arbitrator oversee both cases or suspend the proceedings until the similar arbitration concludes. Rulings in such similar arbitrations will not affect the arbitration between the parties.

(f) Notice of Dispute:

A party intending to seek arbitration must first send a written Notice of Dispute to the other party. The Notice to WGTN must be sent by certified mail to the address specified in CONTACT US above. The Notice to you must be sent by certified mail to the mailing, home, or payment address currently on record with WGTN. If WGTN has no records of such a physical address, the notice may be delivered to your WGTN account email address. The Notice must describe the nature and basis of the claim or dispute and specify the relief sought. If the parties fail to reach an agreement to resolve the claim within sixty (60) calendar days after receiving the Notice, either party may commence an arbitration proceeding.

(g) Arbitration Proceedings:

The arbitration will be governed by the Commercial Arbitration Rules or the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”), depending on whether the actions giving rise to the dispute relate to personal or household use of the Services rather than business use. It will be administered by the AAA and settled by a single arbitrator. The arbitrator is bound by the terms of these Terms of Service, and all issues, including those relating to the scope, enforceability, and arbitrability of this Section, are for the arbitrator to decide. Unless the parties agree otherwise, arbitration hearings will take place in a reasonably convenient location in the United States for both parties, with due consideration given to their ability to travel and other pertinent circumstances. If the parties cannot agree on a location, the AAA will determine it. If your claim is for ten thousand dollars ($10,000) or less, you may choose the arbitration method, whether solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the AAA Rules will determine the right to a hearing. The arbitrator will issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and all decisions will be final and binding.

(h) Arbitration Expenses and Legal Fees:

All costs related to filing, administration, and arbitration fees imposed by AAA will follow AAA rules. If you initiate arbitration against WGTN and the relief sought is $10,000 or less, WGTN will cover these costs. If the relief sought exceeds $10,000 and you prove to the arbitrator that arbitration costs would be excessively higher than court proceedings, WGTN will cover the necessary expenses. However, if the arbitrator deems your claims frivolous as per Federal Rule of Civil Procedure 11, you agree to reimburse WGTN for these expenses.

Each party will cover their own attorney fees and expenses initially. However, if one party substantially prevails in arbitration, the arbitrator may award reasonable attorney fees and expenses to that party. WGTN will not seek to recover its attorney fees and expenses in arbitrations initiated by users for personal or household use of the Services. The arbitrator has the authority to resolve disputes regarding the reimbursement of attorney fees and expenses within fourteen days of the arbitration ruling.

i) Future Changes:

Both parties agree that if WGTN makes any changes to this arbitration provision, excluding changes to the Notice Address, WGTN will notify you. You have the option to reject such changes by sending written notice within thirty days of the change. By rejecting changes, you agree to arbitrate any dispute based on the original provision.

j) Special Severability:f any part of the arbitration provision is found invalid or unenforceable for any dispute or claim, the entire provision will be void for that dispute or claim, and an alternative provision will apply.

Waivers:

In case of any lapse or delay by WGTN in exercising or enforcing any right or provision stipulated in these Terms of Service, it shall not be interpreted as a waiver of such right or provision. No verbal waiver, alteration, or adjustment shall be deemed effective under any circumstances. If any provision of these Terms of Service is deemed invalid by an arbitrator or court of competent jurisdiction, the parties agree that such arbitrator or court shall endeavor to honor the parties’ intentions as reflected in the provision, while the remaining provisions of these Terms of Service shall retain their full force and effect.

Judicial Forum:

Should the Arbitration Agreement mentioned above be deemed inapplicable to you or to a specific claim or dispute for any reason, any unresolved dispute or claim not subject to arbitration shall be exclusively settled by a federal court situated in Washington, D.C. In the absence of subject matter jurisdiction in said federal court, the matter shall be adjudicated in a state court in the State of Washington. Both you and WGTN consent to the personal jurisdiction and venue of such courts, acknowledging them as convenient forums for resolution.

Legal:

Section titles within these Terms of Service serve solely for convenience purposes and carry no legal or contractual significance.

These Terms of Service do not establish or imply any independent contractor, agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship, except as explicitly outlined in the Terms of Use and the Merchant Agreement.

Merchant agreement:

The following terms outline the conditions under which you may utilize our Services to create, promote, and/or manage sales proceeds from the sale of tickets, registrations, or other items (e.g., merchandise, travel, lodging) related to an event, and specifically apply to those who utilize the Services for such purposes. Except where expressly indicated (e.g., terms applicable to those Event Organizers registering an event through our 0% Commission Link), the terms included herein will apply to all Event Organizers that use any of WGTN’s Services or enter into any type of Ticket Services or Partnership Agreement with WGTN.

WGTN provides the technical infrastructure to facilitate online sales by Event Organizers. By continuing to browse and use this Website, you agree to comply with and be bound by the following terms and conditions of use, which are incorporated into our Terms of Service and govern WGTN’s relationship with you concerning this Website and any associated platforms and services managed by WGTN. If you disagree with any aspect of these terms and conditions, please refrain from using our Website or any of the WGTN Services, participating in any activities, purchasing or selling any ticket, product, or availing any other services offered through the Website or its associated platforms.

We reserve the right at all times to discontinue or modify this Merchant Agreement or any part thereof in our sole discretion, with or without notice. If we make changes that affect your use of the Website or our services, we will post notice of the change on the Terms of Services page. Any changes to these Terms will be effective upon our posting of the notice; provided that these changes will not apply to i) events created or ii) Tickets sold prior to the effective date of such changes. You may close your account and should refrain from using the Website or any of the services offered through the Website after the effective date of the changes if you do not agree to such changes. You acknowledge that posting notice of any such changes on the Terms of Service page is adequate notice to advise you of these changes, and that your continued use of the Website or any of the associated services or platforms will constitute acceptance of these changes and the Terms of Use as modified.

This Merchant Agreement and the rights and obligations contained herein are in addition to and are incorporated into the Terms of Service by reference. Nothing in this Merchant Agreement shall be deemed to modify, waive, amend, or rescind any other term of the Terms of Service.

Security:

As part of entering into a Partnership or Ticketing Services Agreements, or during the event creation process, you may be prompted by WGTN to provide additional information (beyond the standard registration details) about yourself, your represented entity (if applicable), and any principals or beneficial owners of said entity (if applicable) (referred to collectively as “Additional Registration Data”). This data may encompass various details such as current address, doing business as (DBA) names, product descriptions, website address, bank account or payment account information, Tax Identification Numbers, date of birth, passport or driver’s license number, country of origin, copies of government identification documents, and other personal information. Such information may be utilized to authenticate your identity, verify the validity and legality of your transactions, and ascertain your eligibility to utilize the Services for paid events. By accepting these terms, you commit to: (a) furnishing this information promptly, accurately, and comprehensively, and (b) ensuring the information remains up-to-date and accurate at all times by promptly updating it as necessary. If any provided information is found to be untrue, inaccurate, outdated, or incomplete, or if WGTN has reasonable grounds to suspect its accuracy or completeness, WGTN reserves the right to suspend or terminate all of your accounts and decline your current or future use of WGTN.

Throughout the registration process on WGTN, a unique account and password will be established. It is incumbent upon the Event Organizer and its Users to safeguard the confidentiality of the password and account. They bear full responsibility for all activities occurring under their account, including actions by sub-users registered under their account. In the event of any unauthorized use of the password or account or any security breach, the Event Organizer must promptly notify WGTN. WGTN cannot and will not be held liable for any loss, damage, or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account.

Payment:

To clarify further, WGTN does not engage in or offer banking, deposit-taking, stored value, insurance, or any other financial services to Event Organizers, except for acting as a limited payment collection agent as described below. In order to facilitate the EPP Service, WGTN partners with third-party gateways, payment processors, merchant acquirers, and/or merchant acquiring banks. Both Event Organizers and WGTN are obligated to adhere to the rules and regulations set forth by these Payment Processing Partners.

Validation:

As part of the services provided by WGTN, Event Organizers have the opportunity to create their own events without incurring any initial costs. To begin this process, Organizers must complete an online questionnaire titled “Create your event in WGTN,” providing essential details about themselves and the event. It’s essential for Organizers to fill in all required fields in the questionnaire to ensure their event is considered for evaluation by WGTN.

Upon submission of the “Create your event in WGTN” form, WGTN will initiate the validation process and respond within 48 hours.

The validation process may lead to two possible outcomes:

A- Valid / Accepted: WGTN will provide the Event Organizer with a unique link (the “0% Commission Link”) through which they can independently publish and promote the event. Sales generated through the 0% Commission Link will not be subject to any commission fees.

WGTN reserves the right, at its discretion, to determine whether an event meets WGTN’s quality and relevance standards for inclusion and promotion on its platform. If WGTN chooses to promote the event through its applications, website, or media network, a 20% commission will be charged to the Event Organizer. This commission is calculated based on the total sales achieved through WGTN’s platforms and is referred to as “the Commission.” Any other commissions, discounts, fees, or similar arrangements agreed upon between WGTN and the Event Organizer, whether in writing or within the context of a signed Ticket Services Agreement or Partnership Agreement, will also be considered part of “the Commission.”

B- Rejected: WGTN will notify the Event Organizer that the event has not been accepted. In this case, the Event Organizer will not receive the 0% Commission Link, and the event will not be promoted by WGTN through its platforms.

Fees:

Signing up for a WGTN account is free. However, there are fees associated with listing events and purchasing or selling paid tickets or registrations. These fees can vary depending on individual agreements between WGTN and organizers. Organizers have the option to pass these fees on to consumers, either by displaying them as “Fees” on the event page or by including them in the ticket or registration price and covering them from the gross proceeds. Consumer fees may include facility fees, royalties, taxes, processing fees, and fulfillment fees. As a result, the fees paid by consumers may differ from those charged to organizers or the standard fees listed on the WGTN platform. While some fees are intended to cover WGTN’s expenses, they may include a profit margin in some cases and a loss component in others. It’s important to note that WGTN does not control or disclose fees imposed by banks and credit card companies, such as those for purchasing tickets or registrations in foreign currencies or from foreign entities. Before making a purchase, it’s advisable to check with your bank or credit card company to understand all applicable fees, credit card surcharges, and currency conversion rates.

Commission:

a) For sales generated through

events promoted via a 0% Commission Link, WGTN will remit to the Event Organizer an amount equivalent to the face value of all sales made through this channel. These sales, along with those generated through events promoted on any of the WGTN Applications, will collectively be termed as “Registration Fees.” WGTN will deduct (i) any outstanding debts or amounts owed under this Merchant Agreement; (ii) authorized deductions per this Merchant Agreement (including refunds and chargebacks); and (iii) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days following the event’s conclusion, deposited into an account specified by the user and through means chosen by WGTN.

b) For sales made via events promoted on any of the WGTN Applications, WGTN will proceed to pay the Organizer an amount equivalent to the face value of the sales made through the WGTN platforms, net of (i) the value of the Commission charged; (ii) WGTN’s right of setoff against any debts or other amounts owed under this Merchant Agreement; (iii) any other deductions authorized pursuant to this Merchant Agreement (including but not limited to any refunds to be made to customers as a result of cancellation and net of any chargebacks as set below); and (iv) any reserves established as set forth in Section 5.1.(b). Such payment will be made within 15 days after the finalization of the event, deposited into an account specified by the user and through means chosen by WGTN.

Event Organizers do not need their own payment gateway to utilize the WGTN payment processing option. All money shall be paid into the bank account specified in your payment details. It is not the responsibility of WGTN to verify bank details, but it is the responsibility of the Event Organizer to ensure that accurate bank details are provided. WGTN will not accept any responsibility if incorrect bank details have been provided by the Event Organizer or their account Users, resulting in monies owed being paid into the wrong bank account.

You agree that WGTN may, from time to time, in its sole discretion and without notice to you, set off against your reserve, set off against any Event Registration Fees you receive, or both, based upon various factors outlined in the Terms of Service and this Merchant Agreement. WGTN may exercise such setoff rights before making any payout to you. WGTN is not liable to you for any claims resulting from its decision to exercise its setoff rights. WGTN may also exercise any of its rights and remedies of this Agreement regarding recovery of such amounts due and payable to it from you.

Appointment as agent:

The Event Organizer hereby designates WGTN as its limited payment collection agent solely for the purpose of collecting payments made by Customers for such events through our Payment Processing Partners. The Organizer acknowledges that a payment made by a Customer to WGTN shall be considered the same as a payment made by a Customer directly to the Event Organizer. The Event Organizer agrees to fulfill all advertised goods and services to the Attendee as if the Event Organizer had directly received the Event Registration Fees from such Attendee, regardless of whether the Event Registration Fees have yet to be received from WGTN. In its capacity as a limited agent, WGTN is authorized to (i) facilitate Customers’ ticket transfers or upgrades (if permitted by the Event Organizer during the event registration process); (ii) manage the holding, disbursement, and retention of proceeds on the Event Organizer’s behalf pursuant to this Merchant Agreement; (iii) process refunds to Customers as outlined below; and (iv) handle credit card chargebacks as described below. By accepting this appointment as the limited agent of the Event Organizer, WGTN assumes no liability for any acts or omissions of the Event Organizer. The Event Organizer understands that WGTN’s obligation to remit payment is contingent upon receipt of the associated Event Registration Fees from Customers. The Event Organizer further authorizes WGTN to delegate its obligations under this Merchant Agreement to certain affiliated entities both within and outside the United States, provided that WGTN remains liable for fulfilling its obligations under this Merchant Agreement through such affiliated entities.

Chargebacks:

In the event of a chargeback, which occurs when a customer disputes a charge on their credit/debit card with our merchant services provider, WGTN will follow the necessary procedures to address the issue. Any credit card chargebacks or transaction reversals initiated against WGTN or its affiliates for any reason (excluding those caused solely by WGTN’s negligence or willful misconduct) regarding an Organizer’s event, along with associated fees and expenses, shall be the responsibility of the Event Organizer. The Event Organizer agrees to promptly and fully reimburse WGTN for such amounts upon demand. If a chargeback occurs before funds are transferred to the Event Organizer, WGTN will deduct the amount (including any penalties incurred) from the total amount due to the partner.

As part of WGTN’s limited payment collection agency, WGTN will make commercially reasonable efforts to manage chargeback re-presentment on behalf of the Event Organizer. The Event Organizer authorizes WGTN to do so and agrees to cooperate reasonably. However, WGTN is not obligated to represent any chargeback it believes, in its discretion, is likely to result in a loss or relates to a transaction that should be refunded according to our refund policy outlined in this Merchant Agreement. Both parties agree that WGTN’s loss of any re-presented chargeback does not alleviate the Event Organizer’s obligation to reimburse WGTN and its affiliates as per this paragraph.

Any tickets subject to a successful chargeback dispute will be canceled.

If a chargeback is processed after the event’s finalization or after funds have been transferred to the Event Organizer, and it results in a refund to the customer, WGTN retains the right to seek reimbursement for the chargeback amount and incurred penalties. In such cases, WGTN will deduct these amounts from any future payments due to the Event Organizer. If no further events are organized by the Event Organizer, WGTN retains the right to seek reimbursement within a two-month period following the event’s finalization.

Failure by the Event Organizer to pay chargebacks and associated penalties within fifteen (15) days after receiving written notice from WGTN will result in the imposition of interests and other associated costs, subject to the provisions of Section remedies and ultimately, may lead to account suspension.

VAT:

It is the sole responsibility of Event Organizers to manage and remit VAT (or equivalent local, regional, or national taxes) collected from ticket sales to the appropriate tax authority, such as HM Revenue and Customs. WGTN is only accountable for the VAT component of the booking fee.

Cancellation:

No payments will be disbursed to the Event Organizer in the event of a cancellation or potential risk of cancellation, unless WGTN receives sufficient security for the client’s obligations under this Merchant Agreement, as determined by WGTN at its discretion. Furthermore, Event Registration Fees for any event will only be considered earned upon successful completion of said event. In the event of a cancelled event, if payments have already been made to the Event Organizer, they must promptly refund all such payments to a designated payment address specified by WGTN to facilitate refunds. Event Organizers are responsible for adhering to WGTN’s Refund Policy Requirements. Failure to remit funds to cover refunds due to Customers for event cancellations or nonperformance may result in the unremitted amount becoming due and payable to WGTN under this Merchant Agreement, subject to setoff rights until the amount is fully satisfied. Such unremitted amounts are also subject to the provisions outlined in Sections below of this Merchant Agreement.

Reserve:

Reserves and WGTN’s Right of SetoffWGTN reserves the right to withhold a certain percentage of the Registration Fees (with such percentage determined at WGTN’s discretion) to establish a reserve. This reserve may be established (i) at any time deemed necessary by WGTN based on factors such as the level or anticipated level of refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, or changes in the Event Organizer’s credit profile or the risk profile of the underlying event(s); and (ii) as required to ensure compliance with the Terms of Use and Conditions, including this Merchant Agreement, or to safeguard WGTN against fraudulent or erroneous activity. WGTN’s authority to maintain a reserve extends beyond the conclusion of the relevant event(s) and continues until either (A) the Event Organizer fulfills all obligations under the Terms of Service and the applicable periods for refunds, disputed charges, chargebacks, and complaints have elapsed; or (B) WGTN determines that it no longer faces risk or exposure that would necessitate the reserve. Additionally, the reserve is subject to the right of setoff as outlined in Process(payment). If the exercise of our setoff right does not cover the full amount of funds owed by you to us under these Terms of Service, including this Merchant Agreement, then the outstanding funds shall remain owed to us until the total amount is settled.

Refunds:

The refund policies established by our Event Organizers typically prohibit WGTN from issuing exchanges or refunds once a booking is confirmed. However, if a Customer requests a refund or exchang , WGTN will handle the refund process entirely. Once the refund is successfully processed, the corresponding amount will be deducted from the total owed by WGTN to the Event Organizer, as outlined in Section above .

Refunds related to event cancellations or non-performance are subject to the following guidelines:

(i) In the event of a full or partial event cancellation, the Event Organizer agrees to promptly remit funds for refunds back to WGTN, allowing WGTN to process refunds on behalf of the Event Organizer;

(ii) Unless mutually agreed otherwise in writing (email acceptable), no refunds shall be issued outside of WGTN’s platforms;

(iii) The Event Organizer must provide sufficient funds to cover refunds due to Customers within five (5) days of the event cancellation;

(iv) The Organizer commits to notifying Customers of event cancellations as soon as reasonably possible and before the scheduled start time;

(v) The Event Organizer acknowledges WGTN’s right to charge the Event Organizer for any chargeback costs associated with the cancelled event, with such charges subject to the provisions outlined of this Merchant Agreement.

(vi) If only part of a multi-day event is cancelled, the Organizer agrees to submit funds to WGTN for refunds equivalent to the pro-rata monetary value of the cancelled portion of the event.

(vii) If an event is cancelled by the Event Organizer within 24 hours before the scheduled start time, the Organizer is required to compensate users by paying 30% of the face value of the tickets sold.

(viii) The Event Organizer must furnish Customers with clear instructions and contact details regarding the Refund Policy outlined in this Merchant Agreement, enabling Customers to request refunds in a timely manner (e.g., informing Customers to request refunds before the Monday following the Event’s stated or revised date, as detailed below).

WGTN does not facilitate exchanges for tickets to other events.

In specific instances outlined below, WGTN authorizes WGTN to issue refunds: (i) Organizer approves refunds at the time of request; (ii) the event description differs significantly from the actual event; (iii) Attendees cannot attend due to inadequate planning by the Organizer or safety concerns; (iv) WGTN deems refunds necessary under applicable laws or regulations; (v) Refusal to grant a refund may lead to a chargeback; (vi) Organizer omits a refund policy, and WGTN deems a refund appropriate; (vii) WGTN suspects fraudulent orders; or (viii) WGTN believes an order is a duplicate.

WGTN also grants WGTN authority to refund any orders if (A) WGTN suspects Organizer of fraudulent activity; (B) WGTN anticipates non-performance by Organizer for the event or future events; (C) WGTN expects complaints, refund requests, or chargebacks for many orders; or (D) WGTN believes refunding is necessary to avoid legal liability. WGTN agrees to promptly reimburse WGTN for refunds issued under this agreement, except where WGTN’s negligence or misconduct necessitates refunds. Failure to remit sufficient funds for mandatory refunds for event cancellations will result in the shortfall becoming due and payable under this agreement, subject to the provisions outlined herein.

Event postponed or changed:

Should an event be relocated or rescheduled, previously purchased tickets may still be honored for the revised event if desired by the Customer. Alternatively, if the Customer opts not to attend the rescheduled event, WGTN will facilitate a refund for the purchased tickets. Customers are required to notify WGTN of their decision no later than the Monday following the revised event date.

Unexpected changes:

If the headline artist fails to appear or if there are substantial changes to the lineup or content from what was advertised at the time of purchase, WGTN will refund the purchase price of a Customer’s tickets upon request. This includes our fee or commission for tickets sold through any of WGTN’s platforms, regardless of whether the fee was presented separately or included in the ticket’s face value. Customers are required to contact us as soon as possible and no later than the Monday following the event’s originally scheduled date to request a refund.

Refund requested:

Customers must contact WGTN no later than the Monday following the event to request refunds for postponed events, venue changes, or significant changes to the event or lineup. Refunds can be processed before the transfer of ticket income to the Event Organizer. After the Monday following the event, refunds will only be processed for event cancellations if funds have been retained to cover all ticket refunds.

If Customers request refunds after the funds have been transferred to the Event Organizer, the responsibility for the refund will still rest with the Event Organizer. WGTN will handle the refund processing, and all refund policies and the right of setoff will remain applicable as outlined in this Merchant Agreement.

Failure by the Event Organizer to provide the required funds for refund processing within fifteen (15) days after receiving written notice from WGTN will result in the imposition of interest and other associated costs in accordance with the provisions of Remedies and ultimately may lead to the suspension of the account.

Remedies:

Non-exclusive remedies:

If the Event Organizer fails to pay any amount owed to WGTN as per this Merchant Agreement by the due date, interest shall accrue on the outstanding amount from the due date until paid in full. The interest rate will be the lesser of one percent (1%) per month, compounded monthly, or the maximum rate permitted by applicable laws. In case of overdue payments, WGTN reserves the right to take various actions, including withholding amounts due to the Organizer or sending an invoice for the outstanding balance. If the Organizer fails to make payments after receiving a late payment notice, WGTN may suspend or terminate the Organizer’s registration for the Services. Unpaid amounts may also be subject to collections as per Section below .

Recovery:

WGTN reserves the right to pursue any late and unpaid amounts due and owing to WGTN for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Organizer agrees to promptly and fully reimburse WGTN upon its demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by WGTN in collecting past due amounts or any other amounts due and owing from Organizer under this Merchant Agreement, the Terms of Service, or otherwise. Organizer agrees that if WGTN must seek collections for past due amounts and Organizer does not respond or pay in full after receiving a collection notice, WGTN reserves the right to pursue outstanding balances through any available legal means in accordance with the Terms of Service.

Prohibition:

Merchant:

By registering for the Services and accepting this Merchant Agreement, you affirm and guarantee that:

a) You are not situated in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has prohibited goods and/or services of the same type as the Services (“Restricted Countries”).
b) You are not an individual or entity or under the control of or associated with an individual or entity that (i) is listed on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List, or Palestinian Legislative Council List; (ii) is listed on the U.S. Department of State’s Terrorist Exclusion List; (iii) is listed on the Bureau of Industry and Security’s Denied Persons List; (iv) is listed on the Consolidated List of Targets published by the U.K. HM Treasury; (v) is listed on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; or (vi) is subject to sanctions in any other country.
c) You are not included in the MasterCard MATCH terminated merchant database or Visa terminated merchant file, and your privilege to access each Card Scheme and each Alternative Form of Payment is not currently revoked or suspended.

If you belong to any of the categories mentioned above, as determined by WGTN at its discretion, you are considered a “Prohibited Merchant.”

Event:

You are not allowed to list events on the Services that:

a) Breach or enable the breach of any local, state, provincial, national, or other applicable law, regulation, or rule;
b) Contravene the Payment Scheme Rules;
c) Occur in countries under restriction; and
d) Include any Content (as defined in the Terms of Use) that violates the Terms and Conditions of Use.

Any event falling within these criteria, as determined by WGTN at its discretion, will be deemed “Prohibited.”

Transactions:

You agree not to submit for processing through the Services:

a) Any transaction that breaches the payment rules outlined in this Merchant Agreement;
b) Any transaction that is fraudulent or unlawful;
c) Any transaction that involves sending money for purposes other than the legitimate purchase of tickets or registrations, solicitation of donations for events, or sale of event-related items.

Any transaction falling within these criteria, as determined by WGTN at its discretion, will be considered a “Prohibited Transaction.”

Remedies:

If WGTN discovers that you are a Prohibited Merchant, have posted a Prohibited Event, or have attempted to process or processed a Prohibited Transaction, WGTN may, at its discretion and in addition to any other remedies available under the law or the Terms of Service:

a) Suspend or terminate your WGTN account;
b) Modify, edit, or remove any Prohibited Event or part thereof;
c) Reverse, block, or refund any or all of your transactions;
d) Hold any funds associated with your account as required by applicable laws or regulations;
e) Refer you, your events, and/or your transactions, along with related information, to our Payment Processing Partners, Card Schemes, and/or law enforcement agencies for further action.

Permitted uses of website:

All interactions on the WGTN website must adhere to WGTN’s Terms of Service. If, in our sole discretion, your conduct hinders any other user from using or enjoying any part of the website, we reserve the right to restrict your privileges on the website and pursue other remedies.

The following activities performed by any user of the website are prohibited and constitute direct violations of the Terms of Service and this Merchant Agreement:

Submitting any content to the WGTN website that:
i) Contains personal information of users, such as their email and name (“Personal Information”), except when expressly requested;
ii) Violates any applicable national or international laws, including but not limited to intellectual property laws, privacy rights, and defamation laws;

iii) Offers unauthorized downloads of any copyrighted, confidential, or private information;

iv) Impersonates any person or entity, or falsifies or otherwise misrepresents yourself or your affiliation;
v) Poses a privacy or security risk to any person;
vi) Includes offensive language or images;

vii) Contains software viruses, malware, or any other computer code designed to interrupt or limit software or hardware functionality; or

viii) Infringes on copyright, trademark, or other proprietary rights without express permission.

Engaging in or attempting any of the following actions:
i) Disrupting, damaging, or interfering with the service provided to any user, including introducing viruses to the WGTN website or attempting to overload, flood, spam, or crash the site;
ii) Monitoring the website for data collection purposes, such as tracking sales, usage, or pricing information;

iii) Testing or probing the website’s security measures or attempting unauthorized access;

iv) Unauthorized access of data not intended for you, such as logging into servers or accounts without proper authorization.

Prohibited actions include:
i) Using frames or framing techniques to enclose Website content without our explicit written consent;
ii) Employing any Website content, including “Customer Information,” in meta tags or hidden text without our explicit written consent;

iii) Using the Website or its resources to solicit users or partners for services that compete with WGTN , or aggregating activities for such purposes; and

iv) Advertising or soliciting content with commercial, political, or religious aims on the Website or its contents.

Prohibited activities include:
i) Gathering personal information or “Customer Information”
ii) Collecting content from the Website, including information related to current or past activities, with the intent to showcase such content to consumers in a way that redirects traffic from the Website, unless expressly permitted in writing.

Prohibited actions include:
i) Interfering with the proper functioning of any part of the WGTN website or its services;
ii) Violating robot exclusion headers or bypassing access restrictions;

iii) Reselling or repurposing access to the WGTN website or purchases made through it;

iv) Using any WGTN account for unauthorized purposes or resale;
v) Placing excessive demand on WGTN’s services or infrastructure;
vi) Accessing, monitoring, or copying WGTN website content without permission;

vii) Combining WGTN activities or content with material from other websites without permission;

viii) Deep-linking to any part of the WGTN website without permission;

ix) Hyperlinking to the WGTN website from any other website without consent;
x) Engaging in illegal or malicious behavior against the business interests or reputation of WGTN and its affiliates.

Customer data:

In respect of any personal data (as defined in the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive the Event Organizer is responsible to ensure that they comply with the applicable laws and continue to comply with any future laws that may amend or replace the existing regime and any guidance notes or guidelines issued by the relevant data protection authority.

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