1.1 Redballer.
Redballer is a social events community that provides fun and convenience for users all over the world to create events, source for event needs, plan event, promote, manage, sell tickets to their events or send out free invitations from the comfort of their homes and offices.
1.2 The Services.
Redballer’s websites and domains, including www.redballer.com, and all of its webpages, subdomains, country level domain variants and subparts of those websites (collectively, referred to as our “Site”), all applied rights and pending rights when acquired, all of the services available on or through the Site or otherwise provided by us, and all of our mobile applications that are offered, maintained and provided by redballer. We refer to all of these as our “Services”.
1.3 Users.
Redballer provides a simple, convenient and quick means for registered users to create events, sell and buy tickets, source for event needs, network and share moments, we refer to ticket buyers, event Organizers, influencers, followers, friends, account holders, all registered individuals or entities and other visitors and browsers of the site collectively as “Users” or “you.”
2.1 Terms of Service Agreement.
The following pages contain our Terms of Service Agreement (“Terms of Service”). These Terms of Service govern all of our Services, all of which are offered subject to your acceptance of these Terms of Service as stated herein. In addition to the Sections below, these Terms of Service include and incorporate by reference the following agreements, terms, policies, requirements and guidelines:
• Terms of Use.
• Privacy Policy.
• Trade Agreement
• Our Refund Policy guide.
And other additional terms and conditions that are displayed along with additional Services that you may use or purchase from time to time.
3.1 Binding Agreement.
You fully agree to these Terms of Service as stated herein by signing up and creating an account either by clicking “Sign Up,” directly on the site or connecting to the site through a third party website or as an unregistered user each time you browse through the service, buy a ticket or register (free event inclusive) for an event, provide a service on the site or make any kind of transaction, in each case by clicking “Pay Now”, “book now,“ Register Now”, “Buy Now”, “Signup”, “Login” or any other similar buttons, browse through the site or make any kind of interaction or transaction on or through the service. You agree and fully accept these Terms of Service and wholly enter into a binding contract with redballer. If you do not agree to any portion of these Terms of Service, please do not use or access our service.
(a) redballer operates through registered entities in countries where we have physical presence, these entities represents our corporate interest in country where they are empowered to do so and are fully responsible for ensuring that redballer operate in line with the country’s legal structures by adhering strictly to the country’s laws and rules of governing bodies in the country.
Information entered on the site from each country may be shared with these entities to be used in accordance with our privacy policies and in accordance with the laws of the country where they operate from.
Some of these entities may differ in names and mode of operations but are trained staffs of redballer by incorporation and fully integrated into our framework, by registering or signing up you agree to this.
For more info on redballer’s legal structure in your country please send a mail to support@redballer.com or use the contact form on the site.
(b) If you intend to use our Service on behalf of an entity, brand, product, company, firm or organization you agree and fully accept these Terms of Service and agree to enter into a binding contract with redballer on behalf of that entity, brand, product, company, firm or organization and its affiliates, board and directors and you acknowledge that you have the full authority to do so on their behalf, If you do not have such authority or you do not agree to any portion of these Terms of Service, please do not use or access our service on behalf of an entity, brand, product, company, firm or organization.
3.2 Modifications.
Except to the extent set forth in these terms of service, Redballer reserves the sole right to at its discretion modify or replace any part or portion of these Terms of Service at any time need for such arises, any modification or replacement of any part or portion of these Terms of Service will be posted on the site with a change to the "Updated” date at the top of these Terms of Service. In certain circumstances redballer may provide you with notice of such Modifications, via email or with in-Service notifications, blog or mail. Modifications will be effective thirty (30) days from the date of modification or such other date as communicated in any other notice to you,
In a situation whereby, the modification addresses new functions or feature of the Service which do not impose any additional burdens or obligations on you the updated terms will be effective immediately especially regarding usage of the new function or feature. It is your responsibility to check these Terms of Service periodically for Modifications. Your continuous use of our Service following the effectiveness of any Modifications to these Terms of Service constitutes acceptance of those Modifications as well. If any Modification to these Terms of Service is not acceptable to you, you must cease accessing, browsing and otherwise use of our service.
In a situation whereby, there are an additional terms or modifications especially regarding additional services rendered to you on the site or offline or certain agreement specially reached between you and redballer these terms shall also be incorporated by reference.
4.1 Terms.
These Terms of Service are effective upon your Acceptance as set forth in these terms of service and continue in effect until terminated.
4.2 Termination by Redballer.
Except to the extent that was agreed upon or otherwise stated in a separate written Addendum Agreement between you and redballer which is incorporated by reference to this terms of service, Redballer may terminate your right to use our Services at any time for
(a) Your violation or breach of these Terms of Service;
(b) Your misuse or abuse of our Service; or
(c) If allowing you to access and use our Service would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Redballer to legal liabilities.
Furthermore, you agree that Redballer shall not be liable to you or any third-party for any such termination of your right to use or otherwise access our service.
4.3 Termination by You.
Except to the extent agreed upon or otherwise stated in a separate written Addendum Agreement between you and Redballer especially as it relates to additional service which is incorporated by reference, you may terminate your access to the Service and these Terms of Service by deactivating or deleting your account. If you need help deactivating or deleting your account, please contact us via support@redballer.com or by using the contact form on the site.
In the event there is an additional agreement between you and Redballer governing your use of the Service which is by default incorporated by reference into these terms of use deactivating or deleting your account will automatically terminate the additional agreement reached between you and redballer.
4.4 Survival of Terms.
All provisions of these Terms of Service that by their nature should survive termination of these Terms of Service shall survive (including, without limitation, all limitations on liability, releases, indemnification, obligations, disclaimer of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
6.1 Indemnification.
You agree to defend, indemnify and hold Redballer, and its affiliates and subsidiaries, and each of its and their respective staff, directors, investors, 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”) due to or arising out of:
(a) Your breach of these Terms of Service, including, without limitation the Terms of Use, your event’s terms of use, the trade Agreement or merchant agreement and any other part of these Terms of Service.
(b) Your improper use of the service including without limitation the misuse of your account details
(c) Your breach of any applicable local, state, provincial, national or other law, rule or regulation, court orders or the rights of any third party.
(d) In the case of event Organizers, issues arising from events listed and services offered.
(e.) In the case of customers or buyers since not all listed events and services are listed or offered directly by redballer we will not be held responsible for all misconduct or breach or failure of service provided via the service.
(f) As a result of contents provided or posted on the service.
6.2 Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS IN YOUR JURISDICTION, OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. REDBALLER CLEARLY AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ASSURANCE OF ANY KIND REGARDING SALES OF EVENT’S TICKET OR SERVICES OFFERED BY USERS, IMPLIED WARRANTIES OF MARKETABILITY, TITLES, NON-INFRINGEMENT OF RIGHTS.
BY WAY OF EXAMPLE, REDBALLER MAKES NO WARRANTY THAT
(A) OUR SERVICES (OR ANY PORTION OF THE SERVICES) WILL MEET ALL YOUR REQUIREMENTS OR EXPECTATIONS;
(B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(C) REDBALLER MAY CONTAIN LINKS OR REFERRAL TO OTHER WEBSITES, SERVICES, PRODUCTS OR EVENTS, THAT DOES NOT MEAN THAT REDBALLER, IT’S STAFF, PARTNERS, REPRESENTATIVES OR AGENTS ENDORSED CONTENTS OR INFORMATION FOUND ON THIRD PARTY WEBSITE AS ACCURATE AND TRUSTWORTHY, NEITHER DO WE WARRANT EVENT, SERVICES OR PRODUCTS LISTED OR ADVERTISED ON THE SERVICE.
(D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICE WILL BE ACCURATE OR RELIABLE. YOU ACKNOWLEDGE THAT REDBALLER HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS CREATED OR ADVERTISED, PRODUCTS AND SERVICES LISTED OR ADVERTIZED, THE TRUTH OR ACCURACY OF ANY USER’S POST OR CONTENT (INCLUDING ATTENDEES’, BUYERS, SERVICE PROVIDERS, VENDORS, EVENT ORGANIZERS, EVENT CREW AND ALL USERS RELATED TO THE ADMINISTRATION OF ALL EVENTS) CONTENT OR LISTINGS OR THE ABILITY OF ANY USER (INCLUDING ATTENDEES, EVENT ORGANIZERS, BUYERS, SERVICE PROVIDERS, VENDORS) TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION OR SERVICE DELIVERY. REDBALLER IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICE, AND REDBALLER HAS NO RESPONSIBILITY FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED IN YOUR JURISDICTION.
6.3 Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS IN YOUR JURISDICTION, REDBALLER, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE STAFF, DIRECTORS, INVESTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, EMPLOYEES AND ANY APPLICABLE CARD SCHEMES, SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO SERVICES OFFERED ON THE SITE, OR ANY OTHER SUBJECT MATTER OF THESE TERMS OF SERVICE, INCLUDING WITHOUT LIMITATION THE TERMS OF USE, THE TRADE AGREEMENT AND ANY OTHER PART OF THESE TERMS OF SERVICE, FOR:
(A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCURRED DAMAGES, LOSS OF PROFITS, GOODWILL, DATA USAGE OR OTHER INTANGIBLE LOSSES (EVEN IF REDBALLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
(B) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES,
(C) ANY OF YOUR CONTENT (AS DEFINED IN THE TERMS OF USE) OR ANY CONTENT OF ANY OTHER USER OF THE SITE,
(D) ANY MATTER BEYOND REDBALLER’S REASONABLE CONTROL.IN NO EVENT SHALL REDBALLER, AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF ITS AND THEIR RESPECTIVE STAFF, DIRECTORS, INVESTORS, AGENTS, CO-BRANDERS, LICENSORS, PAYMENT PROCESSING PARTNERS, OTHER PARTNERS, EMPLOYEES AND ANY APPLICABLE CARD SCHEMES BE RESPONSIBLE TO YOU EITHER DIRECTLY OR INDIRECTLY FOR ANY DAMAGE, INCIDENTS OR HAPPENSTANCE STIPULATED IN THESE TERMS OF SERVICE, IN OUR TERMS OF USE AND TRADE AGREEMENT.BY USING OUR SERVICE YOU AGREE TO ABIDE BY THESE TERMS, FURTHERMORE YOU ACKNOWLEDGE THAT WE ARE AT LIBERTY TO EFFECT, ADD OR UPDATE CERTAIN CHANGES OR INCLUSIONS TO THESE TERMS OF SERVICE, TERMS OF USE, TRADE AGREEMENT OR TO OUR PRIVACY POLICY AS SITUATION DEMANDS WITHOUT SEEKING YOUR CONSENT OR CONSULTING YOU PRIOR TO DOING SO.
NOTHING IN THESE TERMS OF SERVICE IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED IN YOUR JURISDICTION.
6.4 Release.
Redballer provides a simple, quick and convenient community for event organizers and its attendees to transact and for vendors to connect and provide a convenient service through which event organizers and attendees can source for their event needs from the comfort of their homes and offices. Every time a transaction takes place on the site through our payment processing partners, the transaction is made directly between the buyer and the seller and payment is processed by the payment processor used in such transaction which Redballer do not have control or access to. Redballer is merely a platform that connects the seller, the buyer and the payment processor and will not be held responsible for the actions or inactions of different buyers, sellers and third parties both on and off the site. Therefore, as an inducement to Redballer permitting you to access and use the service, you hereby agree to release Redballer, and its affiliates and subsidiaries, and each of its and their respective officers, directors, investors, agents, partners and employees 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 or in any way connected with disputes between you and third parties (including other Users) in connection with the Service or any event and service listed on the site.
In addition, by using our service you agree to wholly and without any reservation waive any applicable law or statute, which indicts or blames redballer in any way especially in issues it has little or no control over and you fully release Redballer of any and all liability with respect to your use of the service.
6.5 Our Trademarks.
The trademarks, service marks and logos of Redballer (the “Redballer Trademarks”) used and displayed in connection with the site and services offered online and offline are registered, pending and unregistered trademarks or service marks of Redballer. Other company, product and service names used in connection with the site and services offered on the site may be trademarks or service marks owned by third parties (the “Redballer Trademarks,” and “ Third PartiesTrademarks” collectively referred to as our “Trademarks”). The offering of the Service shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed in connection with the site without the prior written consent of Redballer specifically for such use. The redballer Trademarks or links may be used to build followership for your account, invite your friends to the community, promote your brands and events on the service and on third party websites and offline outlets but cannot be used to mislead, misinform or disparage Redballer or third parties connected to the service or in any manner that may damage the reputation of redballer and other Trademarks associated with the service. The Use of any redballer Trademarks as a form of sponsor, endorsement or partner without a written consent or approval from the country director of redballer in your jurisdiction or in the case of countries where redballer is not yet physically present a an approval from the office of the CEO/President is strictly prohibited. All goodwill generated from the use of any Redballer Trademark shall enure to Redballer’s benefit.
6.6 Your Trademarks, Organization, institution and Company’s Name.
All trademarks used by event organizers and users on the service are purely initiatives of the individuals, entity or event owners. Redballer is not responsible for all event creation neither do we play any part in the process of trademark usage on the service except to enable a platform for such convenience, we do not have means of verification of registered names or trademarks prior to creation, we only start verification process after a claim has been filed and not before then. Using a trademark, logo, images and identity of an organization, institution or company on our service doesn’t replace the necessary legal structures of registering the business name, trademark, institution or organization in any jurisdiction. For example, if you use the trademark of a company, institution, organization or brand name on the service to create an event or sell products without having legal rights in your jurisdiction to do so, you may lose proceeds from the sales if the trademark owners files a complaint and we discover from our findings that you do not have right to use such trademark in your jurisdiction and do not have approval of the trademark owners before monetizing the trademark for your own benefit.
All trademarks of a company, organization or institution registered or used on the service prior to registering with relevant authority in your country of operations have no legal backings in your jurisdiction and can be claimed, registering your business name and trademarks with necessary authority in your country is vital.
However its important to note that your user ID on the service cannot be claimed by anyone even if it is not registered in your jurisdiction, your user ID is your unique identity on the service regardless of whatever semblance it may have with an existing legal entity in any jurisdiction, it cannot be claimed as user IDs are taken on first come first serve basis on the service.
Redballer is a community of users from different countries and you have global right to use your User ID as your trademark, identity and address on the service only without registering in your jurisdiction or country and you are free to use as you deem fit as long as you did not
The terms of service stated herein, the terms of use, trade agreement, policies, requirements and all guidelines incorporated by reference comprises of the entire agreement reached between you (the user) and redballer (the service provider) on the use of its service, every other agreement stated in a written Addendum and all Agreement reached between you and redballer shall be incorporated by reference to these terms of service.
If any portion of these terms of service is regarded invalid by a competent court of law in your jurisdiction then the extent permitted by law shall be effective and enforced.
