Terms of Use

These Terms are a legally binding agreement between you (“you”, “your”) and Vadelis Labs Inc., the operator of TicketsByFomo and FOMOtickets (“we”, “us”, “our”).

By creating an account, buying a ticket, registering for an event, joining a waitlist, or otherwise using the Service, you accept these Terms. If you do not accept them, do not use the Service.

If you are using the Service on behalf of a company, venue, or other organization, you represent that you have authority to bind that organization, and “you” includes that organization.

TicketsByFomo is a ticketing service. With limited exceptions, we do not produce, promote, host, or control the events sold through the Service. We sell tickets as a limited agent for the event organizer — the artist, promoter, venue, team, school, club, or other party responsible for the event (the “Event Organizer”).

• The Event Organizer decides what is sold, sets the face value of tickets, sets entry rules and age restrictions, and decides whether refunds are available for its event.
• Vadelis Labs Inc. handles the transaction, collects payment on the Event Organizer’s behalf, issues the ticket, and provides the check-in tooling used at the door.
• The Event Organizer — not us — is responsible for the event actually taking place, for what happens at it, and for the safety, quality, and content of the event.

Where we are ourselves the Event Organizer for a particular event, that event page will say so, and our obligations as Event Organizer are governed by the same policies that apply to any other Event Organizer.

Your purchase is also subject to the Event Organizer’s own rules, terms, and waivers, including any presented to you during checkout. Where an Event Organizer’s rules conflict with these Terms as to the conduct of the event itself, the Event Organizer’s rules govern the event; these Terms continue to govern your relationship with us.

Each Other Policy governs a specific part of the Service:

• The Purchase Policy governs buying tickets, registrations, and add-ons — pricing, fees, delivery, ticket limits, and attending events.
• The Refund and Cancellation Policy governs when money comes back, and how.
• The Privacy Policy explains what personal information we handle and why. The Cookie Policy covers cookies and similar technologies.
• The Acceptable Use Policy sets the rules of conduct on the Service.
• The Copyright and DMCA Policy covers intellectual property complaints.
• The Organizer Agreement governs Event Organizers who sell through the Service. It does not apply to ticket buyers.

If these Terms conflict with an Other Policy, the Other Policy governs the subject it covers — except for Section 15 (Disputes and arbitration), which governs over any conflicting provision anywhere in these Terms or the Other Policies.

You may use the Service if you are at least 18 years old, or at least 13 years old with the permission of a parent or legal guardian who accepts these Terms on your behalf and is responsible for your use of the Service. The Service is not intended for children under 13.

You can browse events without an account, but some features — viewing your tickets, managing your details — require one. When you create an account, you agree to:

• Provide accurate, current, and complete information, and keep it up to date. We rely on your email address to deliver tickets and order confirmations.
• Keep your password confidential, use a password unique to this Service, and not share your login credentials with anyone.
• Accept responsibility for everything that happens under your account, including purchases made by anyone you allow to use it.
• Tell us promptly at support@fomotickets.com if you believe your account has been compromised.

You have no ownership interest in your account, and you may not sell, rent, or transfer access to it. Staff and organizer accounts are created by invitation only; the public registration flow creates customer accounts only.

We may refuse to create, or may suspend or close, an account at any time in accordance with Section 11.

The Service — including its software, design, text, graphics, logos, and the TicketsByFomo name and marks — is owned by us or our licensors and is protected by copyright, trademark, and other laws.

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your own personal, non-commercial purposes, on the condition that you comply with these Terms. All rights not expressly granted are reserved.

You may not copy, reproduce, modify, distribute, publicly display, frame, mirror, scrape, crawl, reverse engineer, or create derivative works from any part of the Service or its content, except as these Terms allow or as applicable law permits notwithstanding this restriction.

You may not use our name, logo, or marks without our prior written permission. Write to support@fomotickets.com to request it.

Event names, artwork, logos, and descriptions belong to the relevant Event Organizer or its licensors, not to us.

“Your Content” means anything you submit through the Service: your account and contact details, attendee names, answers to an Event Organizer’s registration questions, signatures on waivers, waitlist entries, support messages, and anything else you send us.

When you submit Your Content, you represent and warrant that:

• It is accurate, and you have the right to provide it — including the right to provide the personal information of any other attendee whose name or details you enter.
• It does not infringe anyone’s rights or violate any law.
• Where you enter another person’s details, you have their permission to do so and to have their information handled as described in our Privacy Policy.

You grant us a non-exclusive, worldwide, royalty-free licence to store, reproduce, transmit, and process Your Content strictly as needed to operate the Service, fulfil your order, admit you to an event, provide support, and comply with law. We do not claim ownership of Your Content, and we do not license it for advertising.

A waiver or agreement you accept during checkout is a binding acceptance. We record the exact version of the text you accepted, the name you typed, and the time you accepted it, so that a later edit to that text cannot change what you signed.

Your use of the Service is subject to the Acceptable Use Policy, which is part of these Terms. Among other things, it prohibits automated or bot purchasing, evading published ticket limits, creating duplicate or false accounts, scraping, interfering with the check-in system, and abusing chargebacks.

Where you breach those rules we may cancel orders, void tickets without refund, suspend or close your account, and take any other step available to us under Section 11.

Event Organizers may embed our checkout widget in their own websites. When you buy through an embedded widget, you are buying from us on the terms of these Terms and the Purchase Policy, exactly as if you had bought on our site.

The site hosting the widget is not operated by us. Its content, claims, and privacy practices are its own, and we are not responsible for them.

Card payments are processed by Square or Stripe. Your card details are captured by the processor and are never transmitted to or stored on our systems. Your use of a payment method is also subject to that processor’s terms and to your agreement with your card issuer.

The Service may link to third-party websites and resources — an Event Organizer’s site, a venue’s directions, a map provider. We do not control them, do not endorse them, and are not responsible for their content or practices. You access them at your own risk.

The Service is delivered electronically. By using it, you consent to receive all communications, agreements, notices, disclosures, receipts, and tickets from us in electronic form — by email, on the Service, or through your account — and you agree that they satisfy any legal requirement that such records be in writing.

• To access and keep electronic records you need a device with an internet connection, a current web browser, an email account able to receive mail from us, and the ability to store or print documents.
• You are responsible for keeping the email address on your account current and for checking that our messages are not filtered into a spam folder. If email to your address hard-bounces or is reported as spam, we may stop sending to it until you contact us, which can prevent ticket delivery.
• You may withdraw consent to receive records electronically by writing to support@fomotickets.com, but because the Service cannot be provided on paper, withdrawing consent means you can no longer buy or hold tickets through it.

Service messages — order confirmations, tickets, event changes, refund notices, security notices — are not marketing, and you cannot unsubscribe from them while you hold an active order. Marketing email, where we send it, always carries an unsubscribe link.

We may change, suspend, or discontinue any part of the Service at any time. We may also update these Terms and the Other Policies — for example to reflect a change in what the Service does, or for legal, regulatory, or security reasons.

When we do, we update the effective date at the top of the document. Material changes apply to you from the date they take effect, and your continued use of the Service after that date is your acceptance of them. Changes never apply retroactively to a ticket you have already bought: the version of the Purchase Policy in force when you placed your order governs that order.

You may close your account at any time by writing to support@fomotickets.com. We may not be able to close it while you hold tickets to an event that has not yet happened, because you would lose access to them.

We may suspend or terminate your account or your access to the Service, with or without notice, if we reasonably believe that you have breached these Terms or an Other Policy, that your account is being used fraudulently, or that doing so is necessary to protect the Service, an Event Organizer, or other buyers. In those circumstances we may also:

1. cancel any pending or completed order placed through your account;
2. void any ticket obtained in breach of these Terms, without refund;
3. refuse future orders from you, from the payment method used, or from any account we reasonably believe to be associated with you; and
4. take any other step available to us at law.

Sections that by their nature should survive termination do survive it — including Content you provide, Disclaimer of warranties, Limitation of liability, Indemnification, and Disputes and arbitration.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT LISTINGS OR PRICING WILL BE FREE OF ERROR, OR THAT ANY EVENT WILL TAKE PLACE AS ADVERTISED.

WE MAKE NO WARRANTY REGARDING ANY EVENT, VENUE, PERFORMER, OR EVENT ORGANIZER, OR ANY GOODS OR SERVICES SUPPLIED BY THEM.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to you only to the extent permitted.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR TRAVEL, ACCOMMODATION, OR OTHER EXPENSES INCURRED IN CONNECTION WITH AN EVENT, WHETHER OR NOT WE WERE ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

YOU VOLUNTARILY ASSUME ALL RISKS INCIDENTAL TO ANY EVENT FOR WHICH A TICKET IS ISSUED, WHETHER OCCURRING BEFORE, DURING, OR AFTER THE EVENT, AND YOU RELEASE US FROM CLAIMS ARISING FROM THE CONDUCT OF THE EVENT OR THE ACTS OR OMISSIONS OF AN EVENT ORGANIZER, VENUE, PERFORMER, OR OTHER ATTENDEE.

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for gross negligence, wilful misconduct, fraud, or personal injury or death caused by our negligence. Some jurisdictions do not allow the limitation of incidental or consequential damages; where that is the case, our liability is limited to the greatest extent permitted.

These limitations are a fundamental basis of the bargain between us and apply even if a limited remedy fails of its essential purpose.

You agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, directors, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of or related to: your use of the Service; Your Content; your breach of these Terms or an Other Policy; your violation of any law or of any third party’s rights; or your conduct at an event.

We may assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of that claim.

Informal resolution first. Before starting an arbitration or a small-claims action, the party raising a claim must give the other written notice describing the claim and the relief sought. You send that notice to support@fomotickets.com with your name, the email address on your account, your order number if there is one, and a short description of the problem. We send ours to the email address on your account. The parties will then confer in good faith — by phone or video — within 60 days of the notice. Any limitation period is tolled while this process runs. Most problems are solved here.

Agreement to arbitrate. If informal resolution does not resolve the claim, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Other Policies, the Service, or any ticket or product sold through us — whenever it arose — will be resolved by binding individual arbitration and not in a court, except as stated below.

Class action waiver. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only in favour of the individual party seeking relief, and only to the extent necessary to provide relief on that individual claim. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request must proceed in court and is severed from any arbitration.

Exceptions. This section does not apply to:

1. a claim brought in small claims court, in your county of residence or in Palm Beach County, Florida, so long as it stays there and is brought individually;
2. a claim for injunctive or other equitable relief to stop infringement or misuse of intellectual property; or
3. any claim that applicable law does not permit to be arbitrated.

Your right to opt out. You may reject this arbitration agreement and class action waiver by writing to support@fomotickets.com with the subject line “Arbitration Opt-Out”, stating your name and the email address on your account, within 30 days of the date you first accept these Terms. Opting out affects nothing else in these Terms, and we will not retaliate against you for doing so. If you have opted out, disputes are resolved in court as described in Section 16.

How arbitration works. The arbitration is administered by JAMS under its Streamlined Arbitration Rules and Procedures (and, where applicable, its Mass Arbitration Procedures), available at jamsadr.com, as modified by these Terms. A single arbitrator decides the case. The arbitration takes place in Palm Beach County, Florida, or — at your election — in your county of residence, by telephone or video, or on written submissions. The arbitrator may award the same individual relief a court could, must apply these Terms, and must issue a written decision explaining the award.

Costs. Where you commence an arbitration against us as a consumer, you pay the consumer filing fee set by the JAMS rules and we pay the remaining JAMS fees and the arbitrator’s costs, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own legal fees unless a statute or the arbitrator’s award provides otherwise.

Governing authority. This section evidences a transaction involving interstate commerce and is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., including its procedural provisions. The arbitrator has exclusive authority to resolve disputes about the interpretation, applicability, or enforceability of this section, except that a court decides whether a claim falls within the class action waiver.

Survival and changes. This section survives termination of these Terms and closure of your account. If we change this section, the change does not apply to a dispute for which a written notice of claim was given before the change took effect.

These Terms and any dispute arising out of them are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 15. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration — including where you have opted out, where a claim is excepted from arbitration, or where the arbitration agreement is held unenforceable — you and we consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, and each waives any objection to that venue.

The Service is operated from the United States. We make no representation that it is appropriate or available for use elsewhere, and you are responsible for compliance with local law if you access it from outside the United States.

Entire agreement. These Terms and the Other Policies are the entire agreement between you and us about the Service and supersede any prior understanding on that subject.

Severability. If any provision is held unenforceable, it is severed or limited to the minimum extent necessary and the rest of these Terms remain in force.

No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for a failure to perform caused by an event beyond its reasonable control, including natural disaster, severe weather, epidemic, war, civil unrest, labour action, utility or network failure, or governmental action.

No third-party beneficiaries, except that Event Organizers, our affiliates, and our officers, directors, employees, and agents may enforce the disclaimer, limitation of liability, release, and indemnification provisions.

Headings are for convenience and do not affect interpretation. “Including” means “including without limitation”.

Questions about these Terms:

• General support: support@fomotickets.com
• Legal notices: support@fomotickets.com
• Dispute notices under Section 15: support@fomotickets.com

California residents may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

Florida residents may contact the Florida Department of Agriculture and Consumer Services, Division of Consumer Services, at 1-800-HELP-FLA (1-800-435-7352) or FloridaConsumerHelp.com.