1.1 What’s What. Quaenet Development’s (as defined herein) products, features and offerings are available (a) online through various Quaenet Development properties; (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as “Quaenet Development Properties” or our “Services”. Certain Services may be subject to the acceptance of the terms and conditions of use specific to that Service (“Service Terms”) and all other operating rules, policies, and procedures that may be published on that Service from time to time and which will be made known to you prior to your use of any such Service. You understand and agree that any and all Service Terms apply in addition to, and do not replace, these Terms. In the event of any inconsistency between these Terms and any applicable Service Terms, the Service Terms shall prevail, but only to the extent of such inconsistency and only when governing the use of the applicable Service. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Quaenet Development in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is “Your Content.”

1.2 Who’s Who.

When these Terms use the term “Organizer,” we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”

When these Terms use the term “Quaenet Development,” “we,” “us,” or “our,” that refers to Quaenet Developments, Inc. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees. The contracting entity with you on the other side of these Terms is Quaenet Development.

1.3 What Else. If you are an Organizer offering events with paid tickets, Quaenet Development’s Merchant Agreement and Organizer Refund Policy Requirements are also applicable to you and you agree to be bound by them. If you are an Organizer or Consumer, Quaenet Development’s Community Guidelines are applicable to you and you agree to be bound by them. (Some, but not all, of the terms in those agreements are duplicated in these Terms of Service.) If you are a third party interacting with our Services not as an Organizer or a Consumer, the API Terms of Use or Trademark and Copyright Policy might be applicable to you and you agree to be bound by them. Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you and you agree to be bound by them. And, by agreeing to these Terms of Service, you acknowledge you have read the Privacy Policy and Cookie Statement applicable to all Users. We may sometimes provide you with services that are not described in these Terms of Service, or customized services: unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.

1.4 What the “Terms of Service” Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Quaenet Development’s “Terms.” These Terms are a legally binding agreement between you and Quaenet Development governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. BY USING ANY OF OUR SERVICES (INCLUDING BROWSING A SITE), YOU ARE DEEMED TO HAVE READ, AND ARE INDICATING YOUR ACCEPTANCE OF, YOUR AGREEMENT TO BE BOUND BY, AND YOUR LEGAL CAPACITY TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES AND MUST EXIT THE SERVICES. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity as well as yourself.

1.5 The Services are not marketed or directed toward children or any person under the age of majority in the jurisdiction where you reside. Children or any person under the age of majority in the jurisdiction where you reside may use the Services only with the involvement and consent of a parent or guardian. Such parent or guardian shall be the person deemed to be accessing and using the Services and the proper contracting party under these Term. Such parent or guardian is deemed to have read, and agrees to be bound by, these Terms.

2. Quaenet Development’s Services and Role

2.1 What We Do. Quaenet Development’s Services provide a simple and quick means for Organizers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the Quaenet Development Properties.

2.2 How We Fit In. Quaenet Development is not the creator, organizer or owner of the events listed on the Services. Rather, Quaenet Development provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. The Organizer of a paid event selects the payment processing method for its event as more fully described in the Merchant Agreement. Consumers must use whatever payment processing method the Organizer selects. If the Organizer selects a payment processing method that uses a third party to process the payment, then neither Quaenet Development nor any of its payment processing partners processes the transaction but we transmit the Consumer’s payment details to the Organizer’s designated payment provider. If an Organizer uses Quaenet Development Payment Processing (as defined in the Merchant Agreement), Quaenet Development also acts as the Organizer’s limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organizer.

3. Privacy and Consumer Information

3.1 We know your personal information is important to you and it is important to Quaenet Development too. Information provided to Quaenet Development by Users or collected by Quaenet Development through Quaenet Development Properties, is governed by our Privacy Policy.

3.2 If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.

4. Term; Termination

4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Quaenet Development decides it’s best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Quaenet Development.

4.2 Quaenet Development may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Quaenet Development; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Quaenet Development to legal liability. Quaenet Development may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Quaenet Development’s sole discretion, failure to do so would materially prejudice you. You agree that Quaenet Development will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Quaenet Development, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect and you agree to be bound by these Terms. If there is a separate agreement between you and Quaenet Development governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services immediately upon such termination or expiration. 

4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive. For greater certainty, and without limiting the generality of the foregoing, the parties expressly agree that provisions in these Terms regarding limitations of liability, releases, indemnification obligations, disclaimers of warranties, agreements to waive class action or representative proceedings, choices of law and judicial forum and intellectual property protections and licenses shall survive termination of these Terms.

5. Export Controls and Restricted Countries As a global company operating in the US (and with operations in other countries, including Canada), Quaenet Development complies with certain export controls and economic sanctions laws. All Users, regardless of your or the event’s location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that: (a) you are not located 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 embargoed goods and/or services of the same type as the Services, including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State’s Terrorist Exclusion List; the Bureau of Industry and Security’s Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.

6. Release and Indemnification This is where you agree to cover Quaenet Development if you use the Service in a way that causes Quaenet Development to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.

6.1 Release. You hereby agree to release Quaenet Development from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive your rights under any applicable law or statute, which says, in substance: “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.”

6.2 Indemnification. You agree to defend, indemnify and hold Quaenet Development and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Quaenet Development’s collection and remission of taxes; and (e) if you are an Organizer, your events (including where Quaenet Development has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Quaenet Development’s gross negligence or willful misconduct. Quaenet Development will provide notice to you of any such Claim, provided that the failure or delay by Quaenet Development in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure or delay. Also, in certain circumstances, Quaenet Development may choose to handle the Claim ourselves, in which case you agree to cooperate with Quaenet Development in any way we request.

7. Disclaimer of Warranties and Assumption of Risks by You

We strive to provide Services in the way you need them, but it is important for you to understand that there are some things that we cannot promise.

To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. Quaenet Development expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Quaenet Development makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

You acknowledge that Quaenet Development has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Quaenet Development has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Quaenet Development requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.

IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF COMPANY IN PROVIDING THE SERVICES, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SERVICES, EXCEPT AS OTHERWISE PROVIDED HEREIN.

You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law. Furthermore, nothing herein shall be construed as Quaenet Development’s agreement to the application of any such statutes conferring any such rights.

8. Limitation of Liability

8.1 TO THE EXTENT PERMITTED BY APPLICABLE LAWS, OR AS OTHERWISE SET FORTH HEREIN, QUAENET DEVELOPMENT AND ANY PERSON OR ENTITY ASSOCIATED WITH QUAENET DEVELOPMENT’S PROVISION OF THE SERVICES (E.G., AN AFFILIATE, VENDOR, STRATEGIC PARTNER OR EMPLOYEE) (“ASSOCIATED PARTIES”), WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OPPORTUNITY COSTS, INTANGIBLE LOSSES, OR THE COST OF SUBSTITUTE SERVICES (EVEN IF QUAENET DEVELOPMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF QUAENET DEVELOPMENT OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES); OR (B) YOUR CONTENT. IN ADDITION, OTHER THAN THE OBLIGATION OF QUAENET DEVELOPMENT TO PAY OUT EVENT REGISTRATION FEES IN CERTAIN CIRCUMSTANCES TO CERTAIN ORGANIZERS UNDER THE MERCHANT AGREEMENT, AND ONLY IN ACCORDANCE WITH THE TERMS THEREIN, THE MAXIMUM AGGREGATE LIABILITY OF QUAENET DEVELOPMENT OR ASSOCIATED PARTIES IS LIMITED TO THE FOLLOWING:

(I) FOR ORGANIZERS OF EVENTS WITH PAID TICKETS, AND SUBJECT TO THE TERMS OF THE MERCHANT AGREEMENT, THE FEES (NET OF QUAENET DEVELOPMENT PAYMENT PROCESSING FEES) THAT YOU PAID US 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, CONSUMERS OR OTHER USERS, (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 CANADIAN DOLLARS (CAD $100).

8.2 Nothing in these Terms 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.

8.3 THE PROVISIONS OF THESE TERMS THAT LIMIT LIABILITY REFLECT AN INFORMED VOLUNTARY ALLOCATION OF RISK; SUCH ALLOCATION REPRESENTS A MATERIAL PART OF THESE TERMS. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITIES SET OUT IN THESE TERMS ARE FAIR AND REASONABLE IN THE CIRCUMSTANCES AND THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE APPLICATION OF THE PROVISIONS OF THESE TERMS THAT LIMIT LIABILITY.

9. IMPORTANT: CLASS ACTION WAIVER PROVISIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDINGS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY, EXCEPT AS PROVIDED AT SUBSECTION 9(C).

(a) Contact Us First.

If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

(b) No Class Actions.

YOU AND QUAENET DEVELOPMENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING.

(c) Special Severability.

In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim or if legislation prohibits the application of such a class waiver provision to you and/or your dispute or claim, then, the entirety of this Section 9 will be null and void with respect to you and/or such dispute or claim and the rest of these Terms shall continue to be valid and enforceable and interpreted, construed, and governed as if Section 9 was not part of these Terms ab initio.

10. License to the Quaenet Development Services

10.1 License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or (b) create event registration, organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

10.2 Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.

10.3 Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Quaenet Development may own the Site Content or portions of the Site Content may be made available to Quaenet Development through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Quaenet Development and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

10.4 Trademarks. The trademarks, service marks and logos of Quaenet Development (the “Quaenet Development Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Quaenet Development. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Quaenet Development Trademarks, the “Trademarks”). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Quaenet Development specific for each such use. The Trademarks may not be used to disparage Quaenet Development, any third party or Quaenet Development’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Quaenet Development approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Quaenet Development Trademark will inure to Quaenet Development’s benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Quaenet Development and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

10.5 Use of Sub-domains. Quaenet Development may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Quaenet Development.com) for a given event. All such sub-domains are the sole property of Quaenet Development and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Quaenet Development provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Quaenet Development terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

11. Licenses and Permits Organizers Must Obtain

If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:

(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;

(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;

(c) You will only request that Quaenet Development offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services

(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Quaenet Development permitting you to access and use the Services, you hereby agree to release Quaenet Development, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.

(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Quaenet Development, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Quaenet Development from time to time.

13. Scraping or Commercial Use of Site Content is Prohibited

The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).

14. Fees and Refunds.

14.1 Fees That We Charge.

Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Quaenet Development and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Quaenet Development to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Quaenet Development, but may in some cases include an element of profit and in some cases include an element of loss. Quaenet Development does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

14.2 Ticket Transfers.

If you wish to transfer tickets to an event you have purchased on Quaenet Development, in some instances Quaenet Development may be able to accommodate this for you. In all other instances, please contact the Organizer of the event to arrange for ticket transfer. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us.

14.3 Refunds.

Because all transactions are between an Organizer and its respective attendees, Quaenet Development asks that all Consumers contact the applicable Organizer of their event with any refund requests. You can find help with getting a refund here.

(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Quaenet Development will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Quaenet Development will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Quaenet Development will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Quaenet Development will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

15. Your Account with Quaenet Development

We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Quaenet Development or user the Services, including the following:

• You must be at least 18 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.

• You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data if it changes.

• If there is a dispute between two or more persons or entities as to account ownership, Quaenet Development will be the sole arbiter of that dispute and Quaenet Development’s decision (which may include termination or suspension of the account) will be final and binding on those parties.

• If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Quaenet Development all permissions and licenses provided in these Terms.

• We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.

• You agree to immediately notify Quaenet Development of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.

16. Our Community Guidelines

You agree to abide by the Quaenet Development Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Quaenet Development Services.

17. Your Content.

17.1 License. Quaenet Development does not make any claim to Your Content. However, you are solely responsible for Your Content. You hereby grant Quaenet Development a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Quaenet Development’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Quaenet Development does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.

17.2 Your Representations About 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 (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms.

17.3 Additional Rules About Your Content. Your Content must be accurate and truthful. Quaenet Development reserves the right to remove Your Content from the Services if Quaenet Development believes in its sole discretion that it violates these Terms, our Community Guidelines, or for any other reason. Quaenet Development may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Quaenet Development both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Quaenet Development, its users and/or the public, including fraud prevention. You understand 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 technical requirements of connecting networks or devices.

18. Rules for Use of Email Tools

18.1 Quaenet Development may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the “Email Tools”). If you use Email Tools, you represent and agree that:

(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient’s country of residence;

(b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered;

(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;

(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide event listed on the Services;

(e) your use of the Email Tools and the content of your emails complies these Terms;

(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;

(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Quaenet Development requesting you modify such Consumer’s email preferences;

(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.

18.2 If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Quaenet Development may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.

19. Notices Notices to you may be sent via email or regular mail to the address in Quaenet Development’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Quaenet Development or deliver any notice, you can do so at Quaenet Developments, Inc., 1315 North Service Road East, Suite 701, Oakville, ON, L4H 1A7, Canada.

20. Modifications to the Terms or Services Quaenet Development reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the “Updated” date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Quaenet Development may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Quaenet Development. Quaenet Development is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Quaenet Development reserves the right modify, replace or discontinue any part of the Services or the entire Service.

21. Assignment.

We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise. However, these Terms and your rights and obligations under these Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent.

22. Entire Agreement Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Quaenet Development and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Quaenet Development on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Quaenet Development relating to a specified event or events.

23. Applicable Law and Jurisdiction

These Terms shall be exclusively governed by, construed, and interpreted in accordance with, and the Services shall be exclusively governed by, the laws of the Province of Ontario, Canada, without regard to its conflict of laws rules or private international law principles. These laws will apply no matter where in the world you live. The law of any other jurisdiction shall not apply to these Terms, but if you live outside of the Province of Ontario, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. However, nothing herein shall be construed as Quaenet Development’s agreement to the application of any such consumer protection laws. Quaenet Development is based in Ontario, Canada, and any legal action against Quaenet Development related to our Services or these Terms must be filed and take place in Toronto, Ontario, Canada You irrevocably attorn to the exclusive jurisdiction of the Courts of the Province of Ontario in respect of all matters and disputes arising hereunder and you agree that any proceeding, including any motion, hearing, or otherwise, in respect thereof will only be brought before such Court sitting in Toronto, Ontario. Each party hereby irrevocably waives its rights to trial by jury in any such actions or other proceedings.

24. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

25. Third Party Websites; Linked Accounts; Third Party Offers

The Services may provide, or Users may provide, links to other Internet websites or resources. Because Quaenet Development has no control over such websites and resources, you acknowledge and agree that Quaenet Development is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Quaenet Development partners or third party service providers. For example, if you purchase ticket insurance on Quaenet Development from a third party, your contractual relationship is with the third party ticket insurance provider, not Quaenet Development.

26. Additional Miscellaneous Provisions

Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.

27. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

28. In these Terms: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms; (c) all dollar amounts, if any, are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and Quaenet Development agree that these Terms shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms.

1. Who We Are.

1.1 Quaenet Development Services.

Welcome to Quaenet Development! We are a ticketing and registration platform dedicated to bringing the world together through live experiences. Through our platform, mobile apps and services, we enable people all over the world to create, discover, share and register for events.

Quaenet Development’s products, features and offerings are available (a) online through various Quaenet Development properties including without limitation, Quaenet Development, Quaenet Development Communities, Quaenet Development Music, Quaenet Development Venue, Lanyrd, Rally, Ticketea, Ticketfly, nvite (“Site(s)”); (b) off platform, including without limitation, RFID, entry management, sponsorship and marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains (“Applications”). (a), (b), and (c) are collectively referred to as “Quaenet Development Properties” or our “Services”.

1.2 Who’s Who.

When this Privacy Policy uses the term “Organizer” we mean event creators using the Services to create events for consumers using our Services (a) to consume information about, or attend, events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.

Quaenet Developments, Inc. is a Canadian corporation with its principal place of business at 1315 North Service Road East, Suite 701, Oakville, ON L4H 1A7, Canada (“Quaenet Development,” “us,” “we” or “our”).

If you have any questions or concerns at any time, please do not hesitate to contact us at the address above.

2. Our Privacy Statement.

2.1 Application.

This Privacy Policy sets forth our policy with respect to information that can be associated with or which relates to a person and/or could be used to identify a person (“Personal Data”) that is collected from Users on or through the Services. We take the privacy of your Personal Data seriously. Because of that, we have created this Privacy Policy. Please read this Privacy Policy as it includes important information regarding your Personal Data and other information.

“Non-Personal Data” as used in this Privacy Policy is therefore any information that does not relate to a person and/or cannot be used to identify a person. When you interact with the Services, we may collect Non-Personal Data. The limitations and requirements in this Privacy Policy on our collection, use, disclosure, transfer and storage/retention of Personal Data do not apply to Non-Personal Data.

3. Personal Data That We Collect.

When you use or interact with us through the Services, we may collect Personal Data. Sometimes this will be on our own behalf and other times this will be on behalf of an Organizer using our Services to run an event. This is an important distinction for purposes of certain data protection laws and is explained in more detail below.

3.1 Information Collected From All Users.

Information you provide to us: For all Users we collect Personal Data when you voluntarily provide such information to the Services, such as when you register for access to the Services, contact us with inquiries, respond to one of our surveys or browse or use certain parts of the Services. The Personal Data we may collect includes without limitation your name, address, email address and any other information that you choose to provide and/or that enables Users to be personally identified. Information we automatically collect: We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access the Services (“Automatic Data”). Automatic Data, includes without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address) characteristics about your access device and/or browser, statistics on your activities on the Services, information about how you came to the Services and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. You can find out more information about how we use Cookies and other similar tracking technologies in our Cookie Statement. When you register for the Services or otherwise submit Personal Data to us, we may associate other Non-Personal Data (including Non-Personal Data we collect from third parties) with your Personal Data. At such instance, we will treat any such combined data as your Personal Data until such time as it can no longer be associated with you or used to identify you.

3.2 Information Collected From Organizers.

If you are an Organizer we will collect additional Personal Data from you. Information you provide to us: In some cases, we may collect your credit card information (e.g., your credit card number and expiration date, billing address, etc.), some of which may constitute Personal Data, to secure certain payments. In addition, if you use our payment processing services, we will collect financial information from you (e.g., your bank account information or an address to send checks) as necessary to facilitate payments and information required for tax purposes (e.g., your taxpayer identification number). Information we obtain from other sources: We may also collect or receive Personal Data including your name, email address and other contact information from third party sources, such as third party websites and marketing partners, your bank, our payment processing partners and credit reporting agencies.

3.3 Information Collected From Consumers.

If you are a Consumer we will collect additional Personal Data from you, sometimes for our own purposes and other times on behalf of an Organizer (see Section 16 below for more information).

Information you provide via Quaenet Development Properties or Applications: If you register for a paid event, you will provide financial information (e.g., your credit card number and expiration date, billing address, etc.) some of which may constitute Personal Data. In addition, Organizers can set up event registration pages to collect virtually any information from Consumers in connection with registration for an Organizer’s event listed on the Services. Quaenet Development does not control an Organizer’s registration process nor the Personal Data that they collect. When you register for, or otherwise provide information to Quaenet Development in conjunction with an Organizer event or activity, whether that information is yours or a third party’s, in connection with a purchase, registration, or transfer, that Organizer will receive and may use the information you provide. Please see Section 5.5 below, titled “How We Disclose and Transfer Your Personal Data: Organizers” for more information about an Organizer’s receipt and use of your Personal Data.

Information we obtain from other sources: We may also collect or receive Personal Data from third party sources, such as Organizers, other Consumers, social media or other third party integrations, your credit card issuing bank, our payment processing partners or other third parties.

4. How We Use Your Personal Data.

We collect and use the Personal Data we collect in a manner that is consistent with this Privacy Policy, and applicable privacy laws. We may use the Personal Data as follows:

4.1 Specific Reason.

If you provide Personal Data for a certain purpose, we may use the Personal Data in connection with the purpose for which it was provided. For instance, if you contact us by email, we will use the Personal Data you provide to answer your question or resolve your problem and will respond to the email address from which the contact came.

4.2 Access and Use.

If you provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, we will use your Personal Data to provide you with access to or use of the Services or functionality and to analyze your use of such Services or functionality. For instance, if you supply Personal Data relating to your identity or qualifications to use certain portions of the Services, we will use that information to make a decision as to granting you access to use such Services and to assess your ongoing qualification to use such Services.

4.3 Internal Business Purposes.

We may use your Personal Data for internal business purposes, including without limitation, to help us improve the content and functionality of the Services, to better understand our Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce our Terms of Service, to manage your account and provide you with customer service, and to generally manage the Services and our business.

4.4 Quaenet Development Marketing.

We may use your Personal Data for our marketing and advertising purposes, including (without limitation) by email, SMS marketing, display media, and targeting other devices (such as tablets, mobile devices and televisions). We do this in order to inform you about services or events we believe might be of interest to you, develop promotional or marketing materials and display Quaenet Development or event-related content and advertising on or off the Services that we believe might be of interest to you. We may also do this on behalf of an Organizer, for example where your prior interactions with an Organizer suggest you may be interested in a particular type of event. See “Opt Out from Electronic Communications” below on how to opt out of various Quaenet Development marketing communications.

You may see advertisements for our Services (or our Organizer’s events) on third party websites, including on social media platforms. Where you see an advertisement on a third party website or social media platform, this may be because we engaged the third party or social media platform to show this advertisement to our Users, or to others who have similar attributes to our Users. In some cases, this involves sharing your email address or other contact details with the third party or social media platform so that they can identify you as one of our Users, or identify other individuals with similar attributes to you in order to show them advertisements for our Services (or for our Organizer’s events). If you no longer want your Personal Data to be used for these purposes, please contact us at [email protected]

4.5 Organizer Emails.

We allow Organizers to use our email tools to contact Consumers for their current and past events, so you may receive emails from our system that originate with such Organizers and that we send on their behalf. If you registered for an event on the Services, your email address is available to that Organizer. However, Organizers may also import the email addresses they have from external sources and send communications through the Services to those email addresses, and we will deliver those communications to those email addresses on the Organizer’s behalf. The Organizer and not Quaenet Development is responsible for sending these emails. See “Opt Out from Electronic Communications” below on how to opt out of Organizer-initiated communications.

4.6 Use of Interest-Based Data

We sometimes make inferences about the type of events or activities you may be interested in. We may use these inferences to help target advertising or customize recommendations to you, including on behalf of Organizers. We may do this on an aggregated or generalized basis. For instance, we may determine that our users who attend many comedy events also often attend or show interest in endurance-related events or content. We may direct (or assist in directing) content or recommendations related to both comedy and endurance to those Users.

4.7 Other Purposes.

If we intend to use any Personal Data in any manner that is not consistent with this Privacy Policy, you will be informed of such anticipated use prior to or at the time the Personal Data is collected or we will obtain your consent subsequent to such collection but prior to such use.

4.8 Aggregated Personal Data.

In an ongoing effort to understand and serve our Users better, we often conduct research on our customer demographics, interests and behavior based on Personal Data and other information that we have collected. This research is typically conducted on an aggregate basis only that does not identify you. Once Personal Data is in an aggregated form, for purposes of this Privacy Policy, it becomes Non-Personal Data.

5. How We Disclose And Transfer Your Personal Data.

5.1 Background.

We are not in the business of selling your Personal Data. We consider this information to be a vital part of our relationship with you. Therefore, we will not sell your Personal Data to third parties, including third party advertisers. There are certain circumstances in which we may disclose, transfer or share your Personal Data with certain third parties without further notice to you, as set forth in this Privacy Policy.

5.2 Business Transfers.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. We may also disclose your Personal Data in the course of due diligence for such an event. You acknowledge and agree that any successor to or acquirer of Quaenet Development (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy.

5.3 Parent Companies, Subsidiaries and Affiliates.

We may also share your Personal Data with our parent companies, subsidiaries and/or affiliates for purposes consistent with this Privacy Policy. Our parent companies, subsidiaries and affiliates will be bound to maintain that Personal Data in accordance with this Privacy Policy.

5.4 Agents, Consultants and Service Providers.

We may share your Personal Data with our contractors and service providers who process Personal Data on behalf of Quaenet Development to perform certain business-related functions. These companies include our marketing agencies, online advertising providers, data enhancement and data services providers, database service providers, backup and disaster recovery service providers, email service providers, payment processing partners, customer support, tech support, hosting companies and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

5.5 Organizers.

In addition, when you register for an event, sign up for communications, enter a contest, or otherwise input your Personal Data (such as through a web form) to communicate with an Organizer or participate in an Organizer event, that Organizer will receive that information. For instance, if you input your name and email address into a web form for an Organizer offer, activity or event, the Organizer will receive that information. The Organizer may then send you marketing or other communications, which may be subject to its own, separate privacy policy. Likewise, if you provide your mobile phone number, you may receive information messages related to the service, event, activity or information in which you’ve expressed interest.

When you purchase tickets to, register for or donate to an event, transfer an event ticket or registration to another person, enter a contest, or otherwise input your Personal Data (such as through a web form), or otherwise communicate with an Organizer, or participate in or express interest in an Organizer or Organizer event or activity, that Organizer will receive the information you provide, including your Personal Data, and where a ticket or registration is transferred, the Personal Data of the transferee as well. Other third parties that are involved in or on whose behalf an event or activity is promoted, may receive that Personal Data as well. For example, as to fundraising pages, we may provide your Personal Data both to the Organizer charity of the fundraising page and the Organizer of the event to which the fundraising page is linked. In some instances, an Organizer may appoint a third party, which may or may not be affiliated with the Organizer, to create an event or fundraising page on its behalf (we call these third parties (“Third Party Organizers”).

For example, and without limitation, a concert venue (the Organizer, in this case) may allow third party promoters or production companies (the Third Party Organizers) to create events that will be hosted at the Organizer’s venue using its Quaenet Development account. In that case, we may provide your Personal Data to the Third Party Organizers on behalf of the Organizers. The same is true for contests and sweepstakes: we may provide your Personal Data to both the Organizer promoting the contest or sweepstakes, and any legal sponsor of the contest or sweepstakes (such as a brand sponsor).

We are not responsible for the actions of these Organizers, or their Third Party Organizers (or other downstream recipients of your Personal Data), with respect to your Personal Data. It is important that you review the applicable policies of the Organizers, and if applicable and available, their appointed Third Party Organizers, of an event (and the related fundraising page, if applicable) before providing Personal Data or other information in connection with that event or related fundraising page. Similarly, if you are a member of an Organizer’s organization within Quaenet Development, your Personal Data will be available to the Organizer and shared with those Third Party Organizers granted permission by the Organizer to view all members of the Organizer’s organization.

5.6 Facebook, Social Media and Other Third Party Connections.

a. Connecting Your Quaenet Development Account to Social Media Services. You can connect your Quaenet Development account to your accounts on third party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third party services in accordance with this Privacy Policy. For example, if you connect with Facebook, we store your Facebook id, first name, last name, email, location, friends list and profile picture and use them to connect with your Facebook account to provide certain functionality on the Services, like recommending events that your Facebook friends are interested in and sharing the events you are interested in, or attending, with certain groups of people like your Facebook friends.

b. “Liking” or “Following” Quaenet Development on Social Media. In addition, when you “like” or “follow” us on Facebook, Instagram, Twitter or other social media sites (to the extent we provide that capability), we may collect some information from you including your name, email address, and any comments or content you post relevant to us. We likewise may collect your information if you sign up for one of our promotions or submit information to us through social media sites.

c. Facebook Plug-Ins and Links on Our Pages. Quaenet Development’s own website may contain links to Facebook as well, such as through the Facebook “Like” or “Share” button or other social plug-ins. When you interact with these features and links, your browser will establish a direct link with the Facebook servers, and Facebook will receive information about your browser and activity, and may link it to your Facebook user account. For more information about how Facebook uses data, please see Facebook’s own policies.

d. Additional Facebook Marketing and Connectivity. In addition, if you are a member of Facebook (or another social media platform), and you provide Personal Data to an Organizer (such as in the ways described in Section 5.5), the Organizer may use that Personal Data to send you advertising and offers through Facebook (or another social media) platform, including when you are on Facebook or another social media platform. The Organizer may work with us and with third parties to enable this data integration and advertising. Facebook and other social media platforms may provide a way to opt out of this type of advertising. Please review their user settings and support pages to learn more about how they help you to manage privacy and marketing choices.

e. Third party services and integrations. Quaenet Development may provide you with opportunities to contract directly with third parties, and/or to integrate with third party services or applications, through our platform. In such instances, we will disclose your Personal Data to other entities in order to fulfill a request by you, or to provide services you have requested.

5.7 Legal Requirements.

We may disclose your Personal Data if required to do so by law in order to (for example) respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the personal safety of Users of the Services or the public, or (e) protect against legal liability.

6. How We Store Your Personal Data.

We may store Personal Data itself or such information may be stored by third parties to whom we have transferred it in accordance with this Privacy Policy. We take what we believe to be reasonable steps to protect the Personal Data collected via the Services from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. However, no network, server, database or Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us electronically. Please keep this in mind when disclosing any Personal Data.

7. How You Can Access, Update, Correct or Delete Your Personal Data.

You can access or delete your Personal Data stored by us. If you are a registered User, you can do this by logging in and visiting the Account Settings page to download a copy of your Personal Data in machine readable form and/or delete your Personal Data. You can also edit some of your Personal Data directly through your account. In certain cases, you can ask us to correct and update any inaccurate Personal Data using the contact information below, and we will consider your request in accordance with applicable laws.

If a Consumer initiates a data deletion request, Quaenet Development is authorized to delete or anonymize Personal Data of the requesting Consumer from the Services even if that means removing its availability to the Organizer through the Services. However, if you are a Consumer, you understand that even if Quaenet Development deletes or anonymizes your Personal Data upon your request or pursuant to this Policy, your Personal Data may still be available in the Organizer’s own databases if transmitted to the Organizer prior to Quaenet Development receiving or taking action on any deletion or anonymization activity.

Unregistered Users and Ticketfly Consumers may also access, update, correct or delete Personal Data and exercise these rights using the contact information below. We will consider and respond to all requests in accordance with applicable law.

8. How Long We Retain Your Personal Data.

We may retain your Personal Data as long as you are registered to use the Services. You may delete your account by visiting the Account Settings page. However, we may retain Personal Data for an additional period as is permitted or required under applicable laws. Even if we delete your Personal Data it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or for legitimate and lawful business purposes.

9. Cookies, Pixels Tags, Local Shared Objects, Web Storage And Similar Technologies.

Please refer to our Cookie Statement for more information about our use of cookies and other similar tracking technologies.

10. Your Choices.

You have several choices available when it comes to your Personal Data:

10.1 Limit the Personal Data You Provide.

You can browse the Services without providing any Personal Data (other than Automatic Data to the extent it is considered Personal Data under applicable laws) or with limiting the Personal Data you provide. If you choose not to provide any Personal Data or limit the Personal Data you provide, you may not be able to use certain functionality of the Services. For instance, in order to buy tickets as a Consumer, your name and email address will be required by the Organizer.

10.2 Opt Out from Electronic Communications.

(a) Quaenet Development Marketing Communications. Where it is in accordance with your marketing preferences, Quaenet Development may send you electronic communications marketing or advertising the Services themselves or events on the Services, to the extent you have registered for the Services or purchased a ticket and/or registration to an event listed on the Services. You can also “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on “Account” and then “Email Preferences.”

(b) Organizer-initiated Communications. Organizers may use our email tools to send electronic communications to those on their email subscription lists, including Consumers who have registered for their events on the Services in the past. Although these electronic communications are sent through our system, Quaenet Development does not determine the content or the recipients of these electronic communications. Organizers are required to use our email tools only in accordance with all applicable laws. Quaenet Development provides an “Unsubscribe” link on each of these emails, which allows recipients to “opt out” of electronic communications from the particular Organizer.

(c) Social Notifications. If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing on the Services), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.

(d) Transactional or Responsive Communications. Certain electronic communications from Quaenet Development are responsive to your requests. For instance, if you are a Consumer, we must email you your ticket or registration on behalf of the Organizer when you purchase such ticket or registration. As a further example, if you email our customer support department, we will return your email. Notwithstanding any unsubscribe election that you have made, you will still receive these transactional or responsive emails. You can stop receiving these types of emails only by contacting us. By electing to stop receiving all electronic communications from us or through our system, you will no longer receive any updates on events you have created (including payout issues) or on events you are registered to attend (including emails with your tickets). We do not recommend that you do this unless you plan to no longer use the Services, are not currently registered for an event, are not currently organizing an event, and will have no need to receive further communications from us or through our system.

(e) Retention. It may take up to forty-eight (48) hours for us to process an unsubscribe request. Even after you opt out of all electronic communications, we will retain your Personal Data in accordance with this Privacy Policy, however, we will no longer use it to contact you. However, Organizers who have received your Personal Data in accordance with this Privacy Policy may still use that Personal Data to contact you in accordance with their own privacy policies, but they may not use our system to do so.

10.3 Do Not Track.

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Personal Data.

11. Exclusions.

11.1 Personal Data Provided to Others.

This Privacy Policy does not apply to any Personal Data that you provide to another User or visitor through the Services or through any other means, including to Organizers on event pages or information posted by you to any public areas of the Services.

11.2 Third Party Links.

This Privacy Policy applies only to the Services. The Services may contain links to other websites not operated or controlled by us (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that we endorse or have reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

12. Children

We do not knowingly collect Personal Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data through the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to us through the Services, please contact us and we will endeavor to delete that information from our databases.

13. International Privacy Laws.

Please be aware that you are sending information (including Personal Data) to Canada and the United States where our servers are located. That information may then be transferred within Canada and/or the United States or back out of Canada and/or the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including Canada and the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Personal Data will at all times continue to be governed by this Privacy Policy.

14. Changes To This Privacy Policy.

The Services and our business may change from time to time. As a result, at times it may be necessary for us to make changes to this Privacy Policy. We reserve the right, in our sole discretion, to update or modify this Privacy Policy at any time (collectively, “Modifications”). Modifications to this Privacy Policy will be posted to the Site with a change to the “Updated” date at the top of this Privacy Policy. In certain circumstances Quaenet Development may, but need not, provide you with additional notice of such Modifications, such as via email or with in-Service notifications. Modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you.

Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was updated on the date indicated above. Your continued use of the Services following the effectiveness of any Modifications to this Privacy Policy constitutes acceptance of those Modifications. If any Modification to this Privacy Policy is not acceptable to you, you should cease accessing, browsing and otherwise using the Services.

15. Dispute Resolution.

This privacy policy is based on the principles set out in the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Canadian Standards Association Model Code for the Protection of Personal Information.

We would be happy to answer any questions that you may have about your personal information, our privacy protection practices, or this Privacy Policy. You may contact us as follows:

Quaenet Developments, Inc.

1315 North Service Road East, Suite 701

Oakville, ON 

L4H 1A7

Canada

Email: [email protected] 

Phone: 1.289.999.7823

We will take reasonable steps to work with you to attempt to address your questions or resolve your complaint.

You also have the right to complain to the Privacy Commissioner of Canada if you think we have violated your rights. If you are not satisfied with the resolution that we have provided, the Commissioner can be reached as follows:

Office of the Privacy Commissioner of Canada

30 Victoria Street

Gatineau, Quebec

K1A 1H3

Canada

Toll-free: 1-800-282-1376

Phone: (819) 994-5444

Fax: (819) 994-5424

TTY: (819) 994-6591

The Privacy Commissioner’s Website is http://www.priv.gc.ca.