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Terms & Conditions

Shomee Buyer and Seller Terms of Usage, Conditions, and Policies

Buyer Terms of Usage, Conditions, and Policies

Effective date: July 07, 2021

Ticket Buyer agrees to all of the following terms of usage:

Shomee Inc. credit card processing – The payment processing services for services and/or goods purchased on this website are provided by 3rd party service providers such as Paypal and Stripe. on behalf of Shomee, Inc., depending on your location and/or the type of payment method used for the purchase of the services and/or goods. If you are using your credit card to purchase tickets in the United States, your payment will be processed through these 3rd party services based in the United States, and you are agreeing to the following terms and conditions set for by Shomee, Inc., below.


Shomee, Inc.
369B 3rd Street, # 321
San Rafael, CA 94901

Shomee – For purposes of these terms, conditions, and policies, Shomee Inc. and Shomee Inc. is subsequently referred to together as Shomee. Shomee is not affiliated with any Event Organizers or others providing services or events (“Event Organizer”) for which tickets are purchased. Shomee is acting as a ticketing and registration service provider between Event Organizer and the event attendee for specific events. Shomee assumes no liability incidental to the event for which tickets are sold or purchased. Ticket purchaser and attendee assumes all risks associated with attendance of events.

Data Shomee Controls: Any personal information you provide to Shomee is subject to the Shomee Privacy Policy. Shomee strives to maintain a safe and secure environment that protects private information.

Ticket Delivery – Ticket delivery options are event specific and are determined by the Event Organizer. Ticket purchaser assumes all risk of ticket loss, theft, delay, damage, or destruction during delivery of tickets. Tickets lost, stolen, delayed, damaged, or destroyed during delivery may not be replaced.

Will Call Tickets – Ticket purchasers choosing to redeem ticket orders via the event Will Call List will not receive paper tickets in advance and instead will gain entry by confirming their name on the Will Call or “Door” list. At the Event Organizer’s discretion, photo identification and/or the original credit card used to make the purchase may be required for event entry. Refunds will not be granted if ticket purchaser fails to appear for Will Call List entry, or if required, fails to provide photo identification and/or the original credit card used to make the purchase. Ticket purchaser understands and agrees that ticket purchaser’s name, city and state of residence, and a portion of ticket purchaser’s credit card number will be released to Event Organizer and/or venue in order to ensure ticket purchaser identity.

Canceled/Rescheduled Events – Event Organizers or others outside the control of Shomee may cancel or reschedule events. It is at the Event Organizer’s discretion whether to offer to refund the ticket price or exchange the tickets for a similarly equivalent event should a cancellation or rescheduling occur. Shomee will assist in providing instructions on its website or via email on how to exchange event specific tickets, or obtain ticket price refunds, should an event be cancelled or rescheduled. Service charges and/or mailing costs will not be refunded in the event of a canceled or rescheduled event.

Pricing, Availability and Seating

Event ticket prices are set by the Event Organizer, not Shomee.

Ticket purchasers will pay a service fee of US $1.99 for any purchase where the sub-total is US $1.00 or greater.

There may be certain events for which Shomee service fees will be higher, and/or times when a separate venue fee may be added by the event organizer or the venue.

For some events, a Shomee affiliate may provide event ticket sales through Shomee’s processing system. In such an instance, a Shomee affiliate will offer ticket sales through the affiliate’s website, by agreement between Shomee, the affiliate, and the Event Organizer. There may be an additional service fee for event tickets purchased through any Shomee affiliate website.

The maximum number of tickets sold for an event is set by the Event Organizer, not Shomee. Shomee will not be held liable for selling over the venue capacity. If more tickets are sold than the venue can accommodate, the Event Organizer has discretion as to the method of refund, including but not limited to a refund, or ticket exchange for a similarly equivalent event.

Venue seating charts are provided by Event Organizer, and/or the venue, not Shomee. Shomee is not responsible for incorrect seating information, or ticket holder dissatisfaction with selected seating. Any seating dispute is between ticket purchaser and Event Organizer and/or venue. Service charges and/or mailing costs will not be refunded if a ticket purchaser is dissatisfied with selected seating.

Lost, Stolen, Destroyed Tickets – Lost, stolen, delayed, damaged, or destroyed tickets will not be replaced or refunded, including tickets lost, stolen, delayed, damaged, or destroyed during delivery to ticket purchaser.

Refunds and Exchanges – All sales are final. Please review ticket ordering information carefully prior to ticket purchase. Refunds or exchanges of tickets are solely determined by the Event Organizer, unless the event is canceled or rescheduled (see Canceled/Rescheduled Events above). To inquire about the refund policy for a specific event, please contact the Event Organizer or Shomee.

Order Cancellation – Shomee reserves the right to cancel ticket orders for any reason, not limited to incorrect billing information and/or fraud.

Resale of Tickets – Tickets purchased through Shomee are for individual use only and not for resale. Resale will automatically void tickets, barring refunds, exchanges, and entry into event.

Disputes – If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.

Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Orange County, California, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of California in the United States. For international disputes, discovery rules will be provided by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration. The arbitrator has the authority to award reasonable attorney and collections fees in addition to any other award.

Governing Law and Venue – The parties agree that any dispute will be governed by the laws and codes of the State of California, United States. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in Orange County, California, United States.

Shomee abides by PCI-DSS requirements to protect credit card holder information.

Entire Agreement – This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.


Event Organizer Terms of Usage and Agreement

Effective date: July 07, 2021

By creating an account and listing events on the Shomee website, you agree to the terms of usage described below.

Shomee is an independent company providing ticketing and registration services for Event Organizers. Shomee is not affiliated with any Event Organizers or others providing services or events for which tickets or registration is purchased. Shomee is solely acting as an intermediary between Event Organizer and ticket purchaser and/or the event attendee for specific events. Shomee assumes no liability incidental to the event for which tickets are sold or purchased.

Event Organizer – For purposes of these Terms, if you use the Shomee system to create and list an event, you are an “Event Organizer”. An Event Organizer is also sometimes referred to as a promoter, producer, ticket seller, event creator, venue representative, or other authorized agent(s) providing services or events and is hereinafter referred to as “Event Organizer” or “Seller” or “Event Creator”.

Authorized Seller – Event Organizer agrees they are authorized to sell tickets for events or services. Fraudulent representation by an Event Organizer, or of event(s), is a criminal offense, which voids this agreement and allows Shomee to provide full refunds to event attendees. Shomee will assist law enforcement in prosecuting any fraudulent use of Shomee services, and will legally seek any and all compensation for damages due to fraudulent representation.

Data Security – Event Organizer will have access to attendee personal information. Event Organizer agrees to protect attendee personal information, and further agrees not to use the data in any way inconsistent with any local, state, federal, United Kingdom, European Union, or other data privacy laws or statutes with jurisdiction. Should Event Organizer sell tickets or registration to citizens protected by the General Data Protection Regulation (GDPR), Event Organizer agrees to respect and abide by the GDPR transparency, consent, accuracy, data deletion, and other requirements.

Amendments – From time to time Shomee will need to amend these Terms, and Shomee reserves the right to do so at any time. If these Terms are modified in any way, the next time you log in to your Shomee account, you will be prompted to review the new Terms and you will be given the opportunity to review them before you list any subsequent events.

Event Promotion and Advertising – This Agreement does not obligate Shomee to promote or advertise any event listed with Shomee. Event Organizer acknowledges and understands it is Event Organizer’s sole responsibility to promote and/or advertise the event.

Ticket and Registration Pricing – For most events, Shomee provides Event Organizer with ticket sales services with no initial fees or start-up charges, unless specifically agreed upon. Ticket and registration pricing is solely determined by Event Organizer. Event Organizer is exclusively responsible for all city, municipal, county, district, state and federal taxes.

Service Fees – Ticket purchasers will pay a service fee of US $1.99 for any purchase where the sub-total is US $1.00 or greater. Fees for usage of Shomee’s ticketing and e-commerce store platform is the responsibility of the Event Organizer, as defined on the Shomee Pricing Page. Event Organizer will be disbursed the full amount of the selling price of the product sold, minus Shomee Service fees. Selling price means the face-value of the product minus discounts determined by the Event Organizer.

Ticket Availability and Venue Capacity – Event Organizer is responsible for setting the number of tickets available for purchase for each event. Event Organizer agrees that the number of attendees is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If more event attendees have tickets or are registered than the venue capacity allows, Event Organizer agrees the full ticket price, plus any and all Shomee services fees, will be refunded to ticket or registration purchasers who were not allowed entry. Event Organizer further agrees that Event Organizer will pay Shomee for the full ticket price and refunded service fees that are refunded due to over sale. Shomee reserves the right to withhold payment to Event Organizers for up to 90 days after an event ends for events where attendees were turned away due to over sales.

Event Cancellation – Event Organizer agrees to notify Shomee immediately after the decision to cancel an event is made using the attendee notification tool on the Shomee system. Shomee reserves the right to issue full refunds to ticket and registration purchasers, including service fees, for the canceled event. Event Organizer agrees that if an event is canceled and full refunds are issued to ticket buyers, Event Organizer will pay Shomee for any and all service fees originally charged to the ticket buyer or fees owed to Shomee for its services and/or use of its platform, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets.

Rescheduled Events – Event Organizer agrees refunds will be given to ticket and registration purchasers for rescheduled events at the purchaser’s request. Should a ticket or registration purchaser request a refund due to a rescheduled event, Event Organizer agrees to pay Shomee for any and all service fees originally charged to the buyer, and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.

Change of Event Venue or Change of Event – Should the listed event venue change for any reason, Event Organizer agrees that refunds will be given to ticket and registration purchasers at the purchaser’s request. Additionally, should there be a change in the event, Event Organizer agrees that refunds will be given at ticket or registration purchaser request. Should a ticket or registration purchaser request a refund due to an event venue change or event change, Event Organizer agrees to pay Shomee for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card chargeback fees related to refunding tickets due to a change in the event venue or the change in the event. Similarly, Event Organizer will pay Shomee for any and all fees owed to Shomee for its services and/or use of its platform.

Ticket Refund Policy – Event Organizer agrees that Shomee may refund the face value of event tickets or registrations purchased through Shomee until ticket sales for that event end. Event ticket sales are final after sales have ended.

Account Settlement

Ticket Sales Processed into the Shomee Merchant Account.
Generally, Shomee will transfer payment electronically via Paypal or Stripe payment gateways in the U.S. or Canada in USD currency only, to Event Organizer within three (3) business of the completed purchase. “Completed” means the customer has paid and has access of the digital product or ticket, or in the case of physical products, the customer has paid and the item has been shipped with a tracking number. Paypal or Stripe may charge additional transaction fees directly to Seller. Shomee is not responsible for reimbursement of these fees.


Should Event Organizer be delinquent in payment of any loans, costs, and/or fees to Shomee for any other or prior scheduled event or contractual agreement between Shomee and Event Organizer, Event Organizer agrees that Shomee may offset any such outstanding balances with funds from a current event prior to paying Event Organizer. Event Organizer agrees and understands that Shomee has the right to withhold any and all payments to Event Organizer for up to 90 days after the end of the event for any reason.


PayPal and Stripe Accounts: At the time of purchase, the full amount paid by the attendee minus Shomee’s fees for its services and/or use of its platform, will be sent to Shomee’s PayPal or Stripe account. Within (3) days following, Shomee will automatically send the Event Organizer its earnings from the ticket sale minus Shomee’s service or platform usage fees. Shomee’s current platform usage and service fees are published on our pricing pages. Event Organizer will be left with the balance of this amount in their PayPal account. Event Organizers using PayPal or Stripe to collect payments are required to abide by PayPal’s or Stripe’s terms of service.

Will Call Tickets – Event Organizer may offer will call tickets for events. However, even if Event Organizer is not offering will call tickets for an event, Event Organizer agrees to accept a limited number of will call tickets to individuals who for whatever reason either did not receive their tickets, or because they don’t have access to their electronic or print at home tickets. Shomee will provide a list of such ticket purchasers to the Event Organizer prior to the event.

Indemnification and Hold Harmless

At its own expense, Event Organizer agrees, acknowledges, and understands it will indemnify and hold harmless Shomee, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter “actions”), brought against Shomee arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by Event Organizer, its officers, agents, employees or assigns. Event Organizer further agrees to defend Shomee in any litigation, including payment of any costs or attorney’s fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.

The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of Shomee. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Event Organizer, its officers, agents, employees or assigns and (b) Shomee, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Event Organizer and that of its officers, agents, employees or assigns.

Severability – If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.

Limitation of Liability – Event Organizer understands and agrees that Shomee shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Shomee has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will Shomee’ total cumulative damages exceed USD $100.00.

Disclaimer of Warranties – Event Organizer understands and agrees that the Shomee ticketing service is provided on an “as is” and “as available” basis, and that Shomee assumes no responsibility for the timeliness, deletion, failure to store, or retention of any user communications or personalization settings. Shomee will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of Shomee.

Ownership of Intellectual Property – Event Organizer agrees not to post material that Event Organizer does not have an ownership right of patent, copyright, and/or other intellectual property right to. Shomee reserves the right to remove any content from an event page or custom Event Organizer page that may infringe on the intellectual property rights of a third party.

Disputes

If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.

Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in Orange County, California, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of California in the United States. For international disputes, discovery rules will be provided by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration. The arbitrator has the authority to award reasonable attorney and collections fees in addition to any other award.

Governing Law and Venue – The parties agree that any dispute will be governed by the laws and codes of the State of California, United States. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in Orange County, California, United States.

Shomee abides by PCI-DSS requirements to protect credit card holder information.

Entire Agreement – This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.