These User Guidelines and Return Policy (collectively, the “User Agreement”) set forth the provisions by which Organizers and Attendees (each as defined below) are bound when using the Services (defined below) provided by Kinema, Inc. and its related companies (“Kinema” or the “Company”).
When this 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 (“Attendees”), or (b) for any other reason. Organizers, Attendees and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.
2. TICKET MARKETPLACE; DISPUTE RESOLUTION BETWEEN ORGANIZER AND CONSUMER
2.1 The Company is a ticket marketplace that allows registered users to buy and sell Tickets. The Organizer (and not Kinema) sets the prices for the Tickets. As a marketplace, Kinema does not own the Tickets sold on the Site.
2.2 While Kinema may list pricing, shipping, and any other details pertinent to event Tickets on the Site, such guidance is solely informational and Kinema makes no warranty as to its accuracy.
2.3 Kinema may undertake to facilitate resolution of disputes between Attendees, Organizers, or third parties in its sole discretion. However, the Company makes no representations as to the truth or accuracy of an Organizer’s content or listings; the quality or viability of an event; the ability of Attendees to pay for Tickets sought; or that an Organizer and Attendee will complete a transaction.
3. CREATING AN ACCOUNT
3.1 In order to create an event as an Organizer, or purchase Tickets as an Attendee, you must register an account (“Account”) with Kinema. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with Kinema for a business entity, you represent that you have the authority to legally bind that entity.
3.2 When opening an Account you must provide complete and accurate information and provide us with a valid credit or debit card (“Payment Method”). If your registration or payment information changes at any time, you must promptly update your details in your Account. You acknowledge that Kinema may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).
3.3 Kinema reserves the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.
3.4 You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
5. FEES; OTHER CHARGES. Kinema may charge fees for selling and/or buying Tickets through our Site and/or otherwise using our Services (collectively referred to as “Service Fees”). Service Fees may vary depending on event type, Ticket type or location, in Kinema's sole discretion. Kinema may in its sole and absolute discretion change its Service Fees at any time. Any applicable Service Fees, including any taxes if applicable, will be disclosed to you prior to listing or buying a Ticket. Kinema may charge and/or retain Service Fees if you do not fulfill your contractual obligations under this User Agreement.
6. ORGANIZERS’ SALE OF EVENT TICKETS
6.1 Organizers must comply with all applicable laws and regulations, the terms of this User Agreement, [the Organizer License Agreement, and any other applicable agreements entered into between the Company and Organizer] when listing, selling and delivering their Tickets.
6.2 By listing an Event with Tickets for sale, you are making a binding offer to sell such Tickets to any Attendee who purchases the Ticket at the listed price. When an Attendee accepts your offer by purchasing a Ticket or Tickets through our Site, you are contractually bound to deliver that exact Ticket for listed price and within the stated delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate.
6.3 Kinema does not guarantee that Organizers’ events or Tickets will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. Kinema will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
7. TAXES Organizers are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes. Any applicable taxes must be included in the sales price of your Ticket. You agree to provide Kinema with your tax identification number if necessary for Kinema to provide (without further notice to You) information to the relevant tax authorities related to payments you receive from us and further authorize Kinema to release that information to the relevant tax authorities. The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.
8. CONSUMERS’ PURCHASE OF EVENT TICKETS; NO RETURNS OR REFUNDS
8.1 Attendees are responsible for reading the complete event listing before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with the Organizer to purchase those Tickets. Additional terms communicated to you by the Organizer may apply. Payment is remitted to Kinema and disbursed to the Organizer according to our [Organizer License Agreement] or the User Agreement.
8.2 No Returns or Refunds; All Sales Are Final. You will not receive a refund for completed purchases, except in the case of cancelled events. Additionally, if an Organizer changes the location or the date of their event, the Company may allow ticket holders to request a refund. You cannot change or cancel any orders after the sale is complete. Kinema is not responsible for partial event showings, disrupted performances, or time changes. No refunds will be issued in these instances.
9.1 Payments received from Attendees for Tickets purchased via the Site are processed by Kinema or a third-party payment processor as elected in Kinema's sole discretion on behalf of the Organizer and credited to the Organizer in accordance with the Organizer License Agreement. Without prejudice or limitation to the Organizer License Agreement, the Organizer appoints Kinema as its limited payment collection agent solely for the purpose of accepting funds from Attendees on behalf of Organizer. The Organizer agrees that any payment made by Attendee to Kinema shall be considered the same as a payment made directly to Organizer, and Organizer will make the Tickets available to the Attendee in the agreed-upon manner as if Organizer had received the payment directly from Attendee. In accepting appointment as the limited payment collection agent of Organizer, Kinema assumes no liability for any acts or omissions of the Organizer.
9.2 Payments from Attendees are due and payable immediately. An Attendee can pay the full order amount, which includes any applicable Service Fees and taxes, using one of the accepted payment methods.
9.3 An Attendee’s obligation to pay for a Ticket is satisfied when Kinema or the applicable, designated payment processor has received the payment in full.
10. Community Interactions.
When using our Site and Services, you agree that you will not do any of the following:
- contact or invite contact with other Kinema users for any reason other than the purpose for which you received the Kinema user’s contact information or solicit sales or event listings outside of Kinema;
- use an Attendee’s personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Attendee;
- violate any venue or event rules at events or violate any applicable third-party terms of service (for instance, when using our mobile application, if applicable);
- breach any laws, third party rights or our Additional Policies;
- post false, inaccurate, misleading, defamatory or libelous content;
- fail to fulfill your contractual obligations regarding an event and the relevant sale or purchase of a Ticket;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of Kinema and the appropriate third party, as applicable;
- use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;
- take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
- bypass any measures we may use to prevent or restrict access to our Site or Services;
- do anything else that Kinema determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our platform.
In an effort to protect our Organizers and Attendees, we may screen event listings and ticket sales for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.