Terms & Conditions

Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.

• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

‍

Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

‍

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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Universe User Agreement - US/Canada

COVID-19 WARNING:

An inherent risk of exposure to COVID-19 exists in any place where people gather. COVID-19 is an extremely contagious disease that can lead to severe illness and death. You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting a communicable disease or illness—including, without limitation, exposure to COVID-19 or any other bacteria, virus, or other pathogen capable of causing a communicable disease or illness, whether that exposure occurs before, during, or after the event, and regardless of how caused or contracted—and you hereby waive any and all claims and potential claims against Universe, and against any companies affiliated with Universe—relating to such risks, hazards, and dangers.

A. Introduction and Key Terms

1. THIS AGREEMENT AND THESE TERMS AND CONDITIONS

• 1.1 This Agreement is between Universe Experiences Inc. (“Universe”) and you (“User”, “you”, “your”). Whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Universe Services.
  
• 1.2 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 16.
• 1.3 Please note:
  
  • (a) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (b) Universe does not own or set the Sale Price of any Tickets;
  • (c) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Universe website (“Website”) at any time and for any reason;
  • (d) Universe does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
  • (e) Universe is not an event organiser or promoter;
  • (f) Universe provides an online platform to facilitate the sale and purchase of Tickets; and
  • (g) Universe is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Universe Services. Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Universe is unable to guarantee that Sellers will complete Transactions in every single case.
• 1.4 Legally Binding Agreement: This Agreement is a legally binding contract and you should read the following terms and conditions, the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by the terms and conditions of this Agreement. If you don’t agree with this Agreement, or cannot comply with it, then you must not use the Universe Services.
• 1.5 Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Universe Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.6 About Universe: Universe Experiences Inc. is a company registered in Canada.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding this Agreement, please contact support@universe.com. You can also check out Universe’s FAQs.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 13, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 13 years old.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  
  • (a) be at least 13 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries may be subject to different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and this Agreement;
  • (c) Universe's use your User Content as contemplated by this Agreement and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under this Agreement.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
• 4.5 For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to copyrightofficer@livenation.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Seller: By creating a Listing using the Universe Services, Sellers are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Seller’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Seller is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Seller about the details relevant to the Ticket and Event, and their accuracy. All Promoters/Hosts will act ethically and in good faith, and will ensure that the events they are selling on Universe are sold to fans as marketed.
• 5.3 Service Charge Preference: The Seller shall elect whether the Service Charge shall be paid by the Buyer, in addition to the Sale Price, or included in the Sale Price and paid by the Seller.
• 5.4 Listing Description: The Seller must provide all the Event information in the Listing, including:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) whether or not the Service Charge is included in the Sale Price or not;
  • (h) whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (i) the refund policy, if any;
  • (j) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (k) if applicable, information on how and when the Buyer will be informed about whether the Seller has approved the Transaction or not (see paragraphs 6.2 and 12.5 below);
  • (l) any details about the Buyer that the Seller will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (m) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law. In Ontario and any other jurisdiction where required by law, this must include a description of any other distribution methods or sales channels for the Tickets to the Event that you will make available for sale, including any sale that will occur before tickets are made available for sale to the general public (e.g. pre-sales).
• 5.5 Compliance: When creating a Listing, the Seller must comply with all applicable laws and regulations and the terms of this Agreement. If you are a Seller trading as a business, you must identify yourself as such by using a business Account. Sellers trading as a business are responsible for complying with all applicable laws and regulations in relation to their obligations as a “trader”. Universe assumes no responsibility for a Seller’s compliance with applicable laws, rules or regulations.
• 5.6 Seller Warranties: The Seller represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Seller has control, either directly or indirectly, and for which the Seller is permitted to sell or distribute Tickets, and that the Seller is in possession of the Tickets at the time of the Listing;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) do not infringe any third party rights (including intellectual property rights);
  • (e) are not being listed by the Seller serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (f) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (g) do not in any way contain fraudulent or inaccurate or misleading information; Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (h) are not defamatory, abusive, threatening or obscene;
  • (i) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (j) do not attempt to solicit any Users to use a third party service that competes with the Universe Services;
  • (k) do not breach any applicable law or regulation, including those associated with making charity donations;
  • (l) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (m) cannot be construed to be associated with any terrorist organisations; and
  • (n) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
• 5.7 VAT: The Seller is responsible for ensuring that the Sale Price includes all taxes required on Listings, including VAT. If in doubt, the Seller should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer.
• 5.8 Insurance: The Seller is solely responsible for any insurance that may be required in relation to the Listing and the Event.
• 5.9 Event Cancellation or Alteration: If an Event is cancelled, re-scheduled or amended in any way, this must be dealt with by the Seller and communicated clearly to Buyers. The Listing must be updated or removed by the Seller and if it is not, we reserve the right to remove the Listing from the Universe Services.
• 5.10 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Seller posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: There are two Payment Processing Methods, Universe Payments and Stripe Payments, which Sellers can select when creating a Listing, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Seller for a Listing, it can be changed at any time; however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Sellers may set a Listing so that Seller approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Seller. If the Seller neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Seller approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction. An Order Confirmation will be generated and sent to the Buyer once the Buyer completed the payment process.
• 6.4 Failed Delivery: Order Confirmations are automatically generated following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Seller receives from a Buyer must be dealt with by the Seller as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Seller and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Sellers.
• 7.2 Payment to Sellers: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, Universe shall pay the proceeds due to the Seller from the Transaction using the payment method selected by the Seller approximately 48 hours after the end of the Event. Universe reserves the right to cancel Transactions and issue refunds to Buyers where, in its reasonable opinion, a Buyer is legally entitled to a refund for any reason, in which case no payment shall become due to the Seller.
• 7.3 Payment Details: Sellers are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Sellers will be notified by email once funds are available for withdrawal. Universe shall remit the withdrawal request to the Seller within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Seller totals at least £10 or its international equivalent (“Threshold Amount”)). Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Sellers wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Seller should contact Universe at support@universe.com with such request.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Seller or charge back to the Seller’s account any amounts otherwise due to Universe under this Agreement, or any amounts due as a result of a breach of this Agreement, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Sellers for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Seller, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Seller disputes any payment made or owed by Universe, the Seller must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Seller of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Seller grants a Buyer a refund but has insufficient funds in their Universe account to cover the refund amount, the Seller’s account will go into the negative and Universe shall pursue the Seller for all monies owed. The Seller will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Sellers can integrate their Account with Stripe to process payments for their Events using their own merchant account.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price(s) (or the Sale Price(s) less the Service Charge(s), if the Seller opts to pay these) will be paid directly into the Seller’s Stripe account and the Service Charge shall be paid to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Seller.

9. PAYMENTS

• 9.1 Applicable Taxes: Sellers agree to pay all applicable taxes or charges imposed by any government entity in connection with their Listings and associated Transactions.
• 9.2 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Seller’s Listing and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks shall ultimately be the responsibility of the Seller and the Seller agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Seller’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise.
• 9.3 Cancellation and Refunds: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.

10. USE AND COLLECTION OF DATA BY SELLERS

• 10.1 Universe Account Information: The Seller may be given access to Buyers’ Universe Account Information where necessary to fulfil Tickets. Universe does not provide any warranties as to the accuracy, relevance or fitness for any particular purpose in relation to the Universe Account Information. The Seller is the Data Controller (as defined in EU Data Protection Legislation) in respect of the Universe Account Information of Buyers, from the point at which it is passed and/or made available to the Seller and the Seller must comply with Data Protection Legislation when processing Universe Account Information of Buyers. Where Universe Account Information of Buyers is made available, it is confidential and must only be disclosed to authorised persons using appropriate security measures. The Seller must keep Buyers’ Universe Account Information secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure.
• 10.2 Buyer User Data: The Seller is the Data Controller of all Buyer User Data and must comply with Data Protection Legislation when processing Buyer User Data including, but not limited to, providing Buyers with information about how their data will be used, and collecting appropriate permission from Buyers for any uses made of their User Data. The Seller must keep Buyer User Data secure and must take reasonable steps to protect it from misuse, loss and from unauthorised access, modification or disclosure. Universe has no control over or input into Buyer User Data, nor does it have responsibility for or ownership of any Buyer User Data collected and solely acts as a processor in relation to the same. Notwithstanding this, Universe will take appropriate measures to protect Buyer User Data, when held within the Universe Services, from loss, misuse and unauthorised access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Buyer User Data. Universe will only process Buyer User Data on the instructions of the Seller.
• 10.3 Prohibited Data Classes: Sellers must not use the Universe Services to collect the following types of data: payment card or bank details, details of racial or ethnic origin, political opinions, details of religious beliefs, trade union membership details, physical or mental health information, details of sexual life, details of the commission or alleged commission of any offence, and personal data of or other information relating to children under the age of 13. If the Seller collects such information, Universe is entitled, in its sole discretion, to terminate the Agreement for material breach in accordance with paragraph 16 of this Agreement.

11. ENFORCEMENT ACTION AGAINST SELLERS

• 11.1Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Seller’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

12. PRICE AND PAYMENT

• 12.1 Sale Price: The Seller sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 12.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Seller, which shall include:
  • (a) the Sale Price;
  • (b) the Service Charge (if applicable); and
  • (c) any other charges included by the Seller.
• 12.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Sellers will only do so in their sole discretion.
• 12.4 Payment Information: The Buyer warrants and represents that s/he is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 12.5 Approval Settings: Some Listings may require the Seller’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Seller. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 12.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Seller enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 12.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Seller has selected, the Buyer agrees that Universe or a third party payment processor, acting on behalf of the Seller, may debit or authorise the amount of the Transaction Value from the method of payment provided by the Buyer. If applicable, the Service Charge is non-refundable and, unless otherwise agreed by the Seller, no refunds or credits will be provided once the Buyer has been charged.
• 12.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations including any restrictions on reselling or transferring Tickets. including any restrictions on reselling or transferring Tickets.
• 12.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Seller directly and should not contact or attempt to contact Universe.
• 12.10 Donations: Sellers may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Seller. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Sellers in Listings.
• 12.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

13. CANCELLATION AND REFUNDS

• 13.1 Cancellation: The cancellation and refund policy for a Ticket is at the Seller’s discretion and will be set out in the Listing description. If no such policy is set out by the Seller, Buyers may cancel a booking and receive a refund of the Sale Price, if requested, 24 hours or more before the start time of the Event.
• 13.2 Refunds: If a Buyer cancels a booking within the timeframe set out by the Seller, if any, the Buyer may be refunded the Sale Price for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon. Service Charges, if applicable to the Buyer, are non-refundable.
• 13.3 Refund via Universe Payments: If a Seller grants a Buyer a refund and Universe Payments has been selected by the Seller, Universe will refund the Sale Price paid by the Buyer for such booking within a commercially reasonable amount of time, typically one week after a refund is agreed upon.
• 13.4 Refund via Stripe Payments: If a Seller grants a Buyer a refund and Stripe Payments has been selected by the Seller, the Buyer shall be refunded directly by the Seller. The Seller and the Buyer must arrange such a refund between themselves and Universe shall have no responsibility or liability for any such refunds.
• 13.5 Disputes: If a Seller fails to fulfil its obligations in relation to a Transaction, subject to the refund options a Seller has set out in the Listing, Buyers will have 48 hours from the start time of the Event to request a refund. If a Buyer requests a refund within this timeframe, Universe will promptly notify the Seller. The Seller will have 48 hours to rebut such dispute, resulting in one of two scenarios: (i) if the Seller does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Seller; or (ii) if the Seller does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no confirmation of resolution is received by Universe within 30 days, Universe will resolve the dispute in its sole and absolute discretion, which may include a decision to refund the Buyer and pursue the Seller for the refunded amount. It is the Seller’s responsibility to provide proof that a Buyer was in attendance at an Event.

14. ENFORCEMENT ACTION AGAINST BUYERS

• 14.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of the terms of this Agreement occurs.

E. General Terms and Conditions

15. DEFINITIONS AND INTERPRETATION

• 15.1 In this Agreement:
  • (a) “Account” means the account set up by you to use the Universe Services.
  • (b) "Agreement” means these terms and conditions, the Terms of Use, the Universe Privacy Policy , the Cookie Policy and any other instructions or terms and conditions made available to you.
  • (c) “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Universe Services.
  • (d) “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
  • (e) “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
  • (f) “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
  • (g) “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
  • (h) “Listing” means the Event and Ticket listing(s) created by a Seller, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
  • (i) “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
  • (j) “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services. The default option is set to Universe Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
  • (k) “Sale Price” means the price at which a Seller offers a Ticket for sale using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
  • (l) “Service Charge” means the service charge payable to Universe for the provision of the Universe Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
  • (m) “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by Stripe.‍
  • (n) “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
  • (o) “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
  • (p) “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
  • (q) “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
  • (r) “Universe Account Information” means the personal data you upload when registering your Account.
  • (s) “Universe Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Universe who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
  • (t) “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Universe.
  • (u) “Venue” means any site, facility or location where an Event is held.
  • (v) “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.
• 15.2 Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
• 15.3 Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.

16. AGREEMENT TERM AND TERMINATION

• 16.1 Commencement and Term: This Agreement shall commence on the date that you register an Account with Universe and shall continue indefinitely subject to earlier termination by either you or Universe.
• 16.2 Termination by Universe: Universe may terminate this Agreement if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach the terms of this Agreement;
  • (e) Universe is ordered to do so by any legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 16.3 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 16.4 Consequences of Termination: Termination of this Agreement shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

17. LICENSES

• 17.1 User Licence: Subject to your compliance with this Agreement, Universe grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Universe Services for your personal use and solely for the purposes expressly permitted by the Universe Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
• 17.2 User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Universe Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Universe or its licensors, except for the licences and rights expressly granted in this Agreement.
• 17.3 Trademarks: Universe logos as well as the name and any designs found on the Website are registered trademarks of Universe. Universe's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Universe does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.

18. UNIVERSE SERVICE RULES

• 18.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself;
  • (i) recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Seller or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 18.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or the law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

19. WARRANTIES AND INDEMNITIES

• 19.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.

• 19.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 13 years or over and can enter into legally binding contracts.
• 19.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Universe.
• 19.4 General Indemnity: You agree to indemnify and hold Universe and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

20. DISCLAIMERS

• 20.1 Universe Disclaimer: Universe disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Universe Services or otherwise related to your use of the Website and/or the Universe Services. UNIVERSE WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, UNIVERSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. UNIVERSE DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Universe is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Universe using our online help desk. Universe may investigate a claim and take appropriate action, in its sole discretion.

21. LIABILITY

• 21.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
• 21.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s gross negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 21.3 Limitation of Liability: IN NO EVENT WILL UNIVERSE OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE UNIVERSE SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF UNIVERSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UNIVERSE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF UNIVERSE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE UNIVERSE SERVICES AND THE WEBSITE IS TO STOP USING THE UNIVERSE SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND UNIVERSE IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND UNIVERSE. UNIVERSE’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF UNIVERSE SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. UNIVERSE’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID UNIVERSE IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
• 21.4 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.

22. DISPUTE RESOLUTION

• 22.1 If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 22.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 22.3 In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
• 22.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
• 22.5 For U.S. and Canada Residents:
  • (a) Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
    • You may assert claims in small claims court if your claims apply;
    • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
    • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
  • (b) The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
  • (c) This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  • (d) To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Universe Experiences Inc. at: 1041 N Formosa Ave, West Hollywood, CA 90046, USA, Attn: Legal (if in the U.S.) or 123 Front St., Suite 1100, Toronto, ON M5J 2M2 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
  • (e) We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
  • (f) You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.

23. GENERAL

• 23.1 Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Seller as required by law.
• 23.2 Waiver: If Universe delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Universe has waived the right to do so.
• 23.3 Assignment: Universe shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
• 23.4 Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 23.5 Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
• 23.6 No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Universe under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created under this Agreement.
• 23.7 Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
• 23.8 Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
• 23.9 Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

F. Jurisdiction-Specific Contacts

If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:

United States

1041 N Formosa Ave
West Hollywood
CA 90046

California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.

Canada

123 Front St., Suite 1100
Toronto ON, M5J 2M2
Email: support@universe.com

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

‍

A. Introducción y términos clave

1. TÉRMINOS Y CONDICIONES

• 1.1 Aparte de lo establecido a continuación, usted ("Usuario", "usted", "su") esta contratando con Universe Experiences, Inc. ("Universe"), tanto si utiliza los Servicios Universe para comprar Boletos ("Comprador") como para vender Boletos ("Organizador"), a menos que Universe le indique lo contrario. Si compra o vende Boletos para un Evento en uno de los países indicados a continuación, estará contratando con la empresa indicada junto al país correspondiente y por "Universe" se entenderá dicha empresa. Se considera que usted tiene su residencia en el mismo país en el que se celebra el Evento. Si usted es un organizador y no tiene su residencia en el mismo país que su acontecimiento, póngase en contacto con support@universe.com.

• 1.2 Si usted es Comprador como Organizador, estos Términos y Condiciones rigen su acceso y uso de los Servicios Universe.
• 1.3 Las palabras en mayúsculas en estos Términos y Condiciones tendrán el significado especial que se les atribuye en el párrafo 19.
• 1.4 Tenga en cuenta que:
  
  • (a) Universe proporciona una plataforma en línea para facilitar la venta y compra de Boletos;
  • (b) Universe no es parte en el acuerdo entre un Comprador y un Organizador para la venta y compra de Boletos utilizando los Servicios Universe.
  • (c) Universe no es propietaria de ningún Boleto ni fija el Precio de Venta;
  • (d) Universe no examina rutinariamente el contenido de ningún Evento ni su idoneidad para Usuarios individuales;
  • (e) Universe no respalda a ningún Usuario ni ningún Evento y se reserva el derecho a eliminar del Sitio Web un Evento que considere inapropiado en cualquier momento y por cualquier motivo;
  • (f) Universe no confirma la identidad o idoneidad de los Usuarios y los Usuarios interactúan y se ponen en contacto entre sí por su cuenta;
  • Por lo tanto, Universe no es responsable del Evento, el contenido del Evento o lo(s) Boleto(s) adquirida(s). La entrega de Boletos es responsabilidad del Organizador y Universe no puede garantizar que los Organizadores completen las Transacciones en todos los casos.
• 1.5 Contrato legalmente vinculante: Estos Términos y Condiciones constituyen un contrato legalmente vinculante, y usted debe leerlos cuidadosamente, junto con los Términos de Uso de Universe, la Política de Privacidad y la Política de Cookies, antes de utilizar los Servicios Universe. Al utilizar los Servicios Universe, usted reconoce que ha leído, entendido y aceptado estos Términos y Condiciones. Si no está de acuerdo con estos Términos y Condiciones, o no puede cumplirlos, no debe utilizar los Servicios Universe.
• 1.6 Cambios en los Términos y Condiciones: Podemos realizar cambios en estos Términos y Condiciones en cualquier momento. Cuando realicemos dichos cambios, publicaremos la versión actualizada de los Términos y Condiciones en el Sitio Web. Por lo tanto, le recomendamos que consulte los Términos y Condiciones con regularidad para mantenerse informado de la versión más actualizada. Todas las compras están sujetas a la versión aplicable de los Términos y Condiciones publicada en el momento de la compra. Su uso continuo de los Servicios Universe constituirá su aceptación de los nuevos Términos y Condiciones. Si no está de acuerdo con los Términos y Condiciones o con cualquier versión revisada, debe dejar de utilizar inmediatamente los Servicios Universe, y elimine cualquier Evento que haya publicado.
• 1.7 Contactar con Universe: Si tiene alguna pregunta, o desea más información sobre estos Términos y Condiciones, póngase en contacto con support@universe.com. También puede consultar las preguntas frecuentes de Universe. Tenga en cuenta que cualquier pregunta o solicitud relativa a cancelaciones, reprogramaciones o reembolsos deberá dirigirse al Organizador a través de los datos de contacto facilitados a través de la información señalada en la página del Evento.
• 1.8 Contacto: Si necesitamos ponernos en contacto con usted, lo haremos utilizando el número de teléfono o la dirección de correo electrónico que nos haya proporcionado en su Cuenta.
• 1.9 Cambios asociados a estos Términos y Condiciones: En caso de que alguna ley, norma o reglamento local, nacional o internacional entre en conflicto con las disposiciones de los presentes Términos y Condiciones o invalide, ilegalice o imposibilite la aplicación de alguna de ellas, nada de lo dispuesto en las presentes Condiciones pretende o intentará impedir la aplicación de dicha ley. Cualquier protección legal, derechos o recursos aplicables a usted en su país de residencia seguirán siendo de aplicación y tendrán prioridad sobre las disposiciones de estos Términos y Condiciones, y estos Términos y Condiciones no pretenden en modo alguno eximirle de tales protecciones, derechos o recursos.

B. Registro, su cuenta y contenido de usuario

2. REGISTRO

• 2.1 Registro: Para crear un Evento o comprar Boletos utilizando los Servicios Universe usted debe:
  
  • (a) tener al menos 18 años, o la mayoría de edad legal en el país en el que resida, y ser capaz de celebrar contratos legalmente vinculantes; y
  • (b) crear una Cuenta protegida por contraseña, proporcionando su nombre completo correcto (o nombre comercial, si es una empresa) y dirección de correo electrónico (todos sus datos deben mantenerse actualizados en todo momento), pudiendo añadir más datos posteriormente si lo desea. El nombre de usuario de su Cuenta no puede incluir el nombre de otra persona con la intención de hacerse pasar por ella, ni ser ofensivo, vulgar u obsceno.
• 2.2 También puede registrarse para unirse iniciando sesión en su cuenta a través de un Sitio de Medios Sociales de Terceros. Tenga en cuenta que al conectarse al Sitio web y a los Servicios de Universe utilizando un Sitio de medios sociales de terceros, está dando permiso a Universe para (i) acceder y utilizar su información desde ese servicio según lo permitido por ese servicio; y (ii) almacenar su autorización de acceso a ese Sitio de medios sociales de terceros.
• 2.3 Si vende como "comerciante" (es decir, si actúa con fines comerciales, empresariales, artesanales o profesionales), le solicitamos que facilite a los compradores potenciales una dirección física, un número de teléfono y una dirección de correo electrónico antes de comprar los Boletos. Si este es su caso, debe registrarse con nosotros como vendedor comercial para que estos datos se incluyan en el Evento.

3. SU CUENTA

• 3.1 Contraseña: Usted es el único responsable de mantener la seguridad de su contraseña y de toda la actividad que ocurra en su Cuenta. No permitirá que nadie más que usted utilice su Cuenta. No podrá transferir ni vender el acceso a su Cuenta. No seremos responsables de ningún daño relacionado con la divulgación de su nombre de usuario o contraseña o con el uso por parte de otra persona de su nombre de usuario o contraseña. No podrá utilizar la Cuenta de otro Usuario sin el permiso de éste. Nos notificará inmediatamente por escrito si descubre cualquier uso no autorizado de su Cuenta u otra violación de seguridad relacionada con la cuenta. Podremos solicitarle que cambie su nombre de usuario y/o contraseña si creemos que su Cuenta ya no es segura o si recibimos una queja de que su nombre de usuario viola los derechos de otra persona. Usted no será propietario de su Cuenta ni de su nombre de usuario. Podemos rechazar el registro, cancelar una Cuenta o denegar el acceso al Sitio Web por cualquier motivo.
• 3.2 Empresas: Si usted está aceptando estos Términos y Condiciones en nombre de una empresa u otra entidad legal, usted representa y garantiza que tiene la autoridad para obligar a esa empresa u otra entidad legal (y "usted" se refiere y se aplica a esa empresa u otra entidad legal).
• 3.3 Comprobaciones financieras: Usted permite a Universe y/o a un tercero contratista llevar a cabo comprobaciones financieras con el fin de verificar su situación financiera (que no incluye una comprobación de crédito pero sí una comprobación de fraude) y acepta que Universe pueda pasar los datos de su Cuenta y de su tarjeta de pago a dicho tercero contratista para llevar a cabo dichas comprobaciones.
• 3.4 Política de privacidad: Consulte la Política de Privacidad de Universe y la Política de Cookies para obtener más detalles sobre cómo utilizamos y protegemos la Información de su Cuenta Universe.
• 3.5 Internacional: Su Cuenta puede utilizarse para acceder y utilizar los Servicios Universe en el Sitio Web y en cualquier plataforma internacional operada por Universe y/o para comprar Boletos para Eventos que tengan lugar en varios países. Sin embargo, tenga en cuenta que la compra y venta de Boletos para Eventos en dichos países fuera de la Unión Europea puede estar sujeta a un acuerdo diferente o modificado, a leyes, normas, reglamentos y a una Política de Privacidad diferentes.

4. CONTENIDO DEL USUARIO

• 4.1 Contenido del Usuario: Podemos, a nuestra entera discreción, permitir a los Usuarios enviar, cargar, publicar, o transmitir información de perfil, comentarios, preguntas, Comentarios, imágenes y otros contenidos o información ("Contenido de Usuario"). El Contenido de Usuario incluirá toda la información publicada, transmitida o puesta a disposición de otro modo por los Usuarios en los Servicios Universe en relación con la creación o reserva de Eventos.
• 4.2 Garantías del Contenido de Usuario: En relación con su Contenido de Usuario, usted declara y garantiza que:
  
  • (a) cuenta con el consentimiento por escrito de todas y cada una de las personas físicas identificables que aparecen en el Contenido de Usuario para utilizar el nombre o la imagen de dichas personas de la forma contemplada en los Servicios Universe y en las presentes Condiciones, y que cada una de dichas personas le ha eximido de cualquier responsabilidad que pueda surgir en relación con dicho uso;
  • (b) usted cuenta con el consentimiento por escrito del fotógrafo u otro propietario de cualquier imagen incluida en su Contenido de Usuario para utilizar dichas imágenes de la forma contemplada en los Servicios de Universe y en estos Términos y condiciones;
  • (c) el uso por parte de Universe de su Contenido de Usuario tal y como se contempla en estos Términos y condiciones y en los Servicios de Universe no infringirá ninguna ley ni vulnerará ningún derecho de terceros, incluidos, entre otros, los derechos de propiedad intelectual y los derechos de privacidad;
  • (d) su Contenido de Usuario no es ilegal, dañino, amenazante, abusivo, acosador, torticero, difamatorio, vulgar, obsceno, calumnioso, invasivo de la privacidad de otros, odioso o censurable desde el punto de vista racial, étnico o de otro tipo;
  • (e) Universe podrá ejercer los derechos sobre su Contenido de Usuario concedidos en virtud de los presentes Términos y Condiciones sin responsabilidad por el pago de tasas o cánones pagaderos en virtud de cualquier convenio colectivo o de otro tipo; y
  • (f) a su leal saber y entender, todo su Contenido de Usuario y cualquier otra información que nos proporcione es veraz y exacta.
• 4.3 Concesión de Licencia de Contenido de Usuario: Al publicar cualquier Contenido de Usuario en los Servicios de Universe, o al proporcionar Contenido de Usuario para que Universe o una compañía afiliada de Universe lo publique en su nombre, usted otorga expresamente, y declara y garantiza que tiene todos los derechos, poder y autoridad necesarios para otorgar, a Universe y sus compañías afiliadas una licencia libre de regalías, sublicenciable, transferible, perpetua, irrevocable, no exclusiva y mundial para usar, reproducir, modificar, publicar, listar información relacionada, editar, traducir, distribuir, sindicar, ejecutar públicamente, mostrar públicamente, y realizar trabajos derivados de todo el Contenido de usuario y su nombre, voz y/o imagen, y cualquier nombre, voz y/o imagen de terceros, tal y como aparece en su Contenido de usuario, en su totalidad o en parte, y en cualquier forma, medio o tecnología, ya sea conocida actualmente o desarrollada en el futuro, para su uso en relación con los Servicios de Universe y el negocio de Universe (y de sus sucesores y afiliados), incluyendo sin limitación la promoción y redistribución de parte o la totalidad de los Servicios de Universe (y trabajos derivados de los mismos) en cualquier formato de medio y a través de cualquier canal de medios. Por la presente, usted también concede a cada Usuario de los Servicios Universe una licencia no exclusiva para acceder a su Contenido de Usuario a través de los Servicios Universe, y para utilizar, reproducir, distribuir, mostrar y ejecutar dicho Contenido de Usuario según lo permitido a través de la funcionalidad de los Servicios Universe y bajo estos Términos y Condiciones.
• 4.4 Universe y el Contenido del usuario: Universe no asume responsabilidad alguna por cualquier Contenido de Usuario que usted o cualquier otro Usuario o tercero publique o envíe utilizando los Servicios Universe. Usted será el único responsable de su Contenido de usuario y de las consecuencias de enviarlo o publicarlo, y acepta que sólo actuamos como un conducto pasivo para su distribución y publicación en línea de su Contenido de usuario. Usted entiende y acepta que puede estar expuesto a Contenido de Usuario que sea inexacto, censurable, inapropiado para niños o inadecuado para su propósito, y acepta que Universe no será responsable de ningún daño en el que incurra (o alegue incurrir) como resultado del Contenido de Usuario.

C. Condiciones generales de venta de Boletos

5. CREACIÓN DE UN EVENTO

• 5.1 Responsabilidad del Organizador de crear un Evento: Al crear un Evento utilizando los Servicios Universe, los Organizadores ofrecen vender o distribuir, por el Precio de Venta, en su caso, Boletos para que los Compradores asistan a un Evento. Es responsabilidad del Organizador aclarar al Comprador cualquier restricción relativa al Evento o a los Boletos, y el Organizador es el único responsable de todos los Eventos que publique en el Sitio Web. Cualquier cambio en los Eventos, Publicaciones y Boletos debe comunicarse a los Usuarios y Compradores lo antes posible.
• 5.2 Publicación de un Evento: Una Publicación del Evento es una representación legal realizada por el Organizador sobre los detalles relevantes del Boleto y el Evento.
• 5.3 Información de contacto del Organizador: Todo Organizador registrado como Vendedor Comercial (véase el párrafo 2.3 anterior) está obligado a facilitar una dirección física, un número de teléfono y una dirección de correo electrónico a los Compradores antes de que adquieran cualquier Boleto. En consecuencia, estos datos deben incluirse en el Evento.
• 5.4 Preferencia del cargo por servicio: El Organizador puede elegir si el Cargo por Servicio será pagado por el Organizador o por el Comprador (como reposición del Organizador al Comprador).
• 5.5 Descripción del Evento: El Organizador debe proporcionar toda la información del Evento en la Publicación del mismo, por ejemplo:
  
  • (a) la ubicación del Evento;
  • (b) el nombre del Evento y del artista o artistas (si procede);
  • (c) la fecha del Evento
  • (d) el nombre y la dirección del Inmueble;
  • (e) el tipo de Boleto (por ejemplo, sentado, de pie, con Boleto programado, etc.);
  • (f) el precio de venta de cada Boleto
  • (g) un mapa de asientos del Evento;
  • (h) si el cargo por servicio está incluido o no en el precio de venta;
  • (i) el Cargo por Orden de Universe;
  • (j) la confirmación de que los impuestos aplicables están incluidos en el Valor total de la Transacción; si se donará o no una parte del Precio de Venta a una causa u organización benéfica en particular y los detalles asociados pertinentes;
  • (k) la política de reembolso, en su caso;
  • (l) cualquier información adicional, normas o requisitos especiales que se apliquen al Evento y/o a los Boletos (por ejemplo, restricciones de edad, restricciones de accesibilidad, visión restringida, sección familiar, restricciones de alcohol, etc.);
  • (m) si procede, información sobre cómo y cuándo se comunicará al Comprador si el Organizador ha aprobado o no la Transacción (véanse los apartados 6.2 y 14.5)
  • (n) cualquier información sobre el Comprador que el Organizador vaya a recopilar durante el proceso de la Transacción y detalles sobre cómo se procesarán dichos datos, incluidos los Datos de Usuario del Comprador que vayan a recopilarse; y
  • (o) cualquier otra información significativa relacionada con el Evento y/o lo(s) Boleto(s) que pueda afectar razonablemente a la decisión del Comprador sobre si comprar o solicitar un Boleto o no, incluida cualquier información exigida por ley.
• 5.6 Cumplimiento: Al crear un Evento o cuando Universe notifique al Vendedor que se ha creado un Evento en su nombre, el Organizador debe cumplir todas las leyes y reglamentos locales, nacionales e internacionales aplicables y estos Términos y Condiciones. Universe no asume responsabilidad alguna por el cumplimiento por parte del Organizador de las leyes, normas o reglamentos aplicables.
• 5.7 Garantías del Organizador: El Organizador declara y garantiza a Universe, y en su beneficio, que los Eventos que cree:
  
  • (a) se refieren únicamente a Boletos y Eventos sobre los que el Organizador tiene control, directa o indirectamente, y para los que el Organizador está autorizado a vender o distribuir Boletos;
  • (b) incluyan precios de los Boletos precisos y transparentes, así como información relativa a todos los gastos adicionales en los que incurrirán los Compradores;
  • (c) si se han reservado, se respetarán, a menos que se acuerde lo contrario con el Comprador;
  • (d) contenga un mapa de asientos (si procede) que sea exacto y refleje fielmente el lugar donde se celebra el Evento;
  • (e) no infrinjan ningún derecho de terceros (incluidos los derechos de propiedad intelectual);
  • (f) no están siendo publicados por el Organizador actuando en calidad de corredor, agente de alquileres o agente de Eventos para un tercero;
  • (g) no tengan el mismo contenido, o sustancialmente el mismo, que otros Eventos del Sitio Web y no estén publicados en ningún otro sitio web;
  • (h) no contengan en modo alguno información fraudulenta, inexacta o engañosa;
  • Nota: la venta de bienes robados o falsificados es un delito y Universe denunciará dicha actividad a las autoridades locales pertinentes y prohibirá permanentemente el uso de los Servicios Universe a cualquier persona que sea sorprendida vendiendo bienes robados o falsificados.
  • (i) no sean difamatorios, abusivos, amenazadores u obscenos;
  • (j) no sean contrarios a la ética o discriminatorios por motivos de edad, sexo, raza, estado civil, nacionalidad o creencias culturales, religiosas o personales, discapacidad, orientación sexual, opinión política o de otro tipo;
  • (k) no intenten solicitar a ningún Usuario que utilice un servicio de terceros que compita con los Servicios Universe;
  • (l) no infrinjan ninguna ley o normativa local, nacional o internacional aplicable, incluidas las relacionadas con la realización de donaciones benéficas
  • (m) no contengan ningún virus u otro programa que interfiera o intente interferir con cualquier sistema informático o datos;
  • (n) no puedan interpretarse como asociados a ninguna organización terrorista; y
  • (o) no contengan campañas políticas, solicitudes comerciales, cadenas de cartas, correos masivos o cualquier forma de "spam".
• 5.8 Impuestos aplicables: El Organizador es responsable de garantizar que el Valor de la Transacción incluya todos los impuestos exigidos en los Eventos, incluido el Impuesto al Valor Agregado (IVA) u otros impuestos locales aplicables. En caso de duda, el Organizador debe solicitar el asesoramiento de un experto fiscal para determinar qué impuestos deben cobrarse al Comprador. Los Organizadores registrados a efectos del IVA deben ponerse en contacto con support@universe.com.
• 5.9 Seguro: El Organizador es el único responsable de cualquier seguro que pueda ser necesario en relación con el Evento.
• 5.10 Cancelación, reprogramación o modificación del Evento: Si un Evento se cancela, reprograma o modifica de alguna manera, será responsabilidad exclusiva del Organizador, quien deberá comunicar la información necesaria a los Compradores de forma clara y sin demora. El Organizador deberá actualizar o eliminar el Evento y, en caso contrario, Universe se reserva el derecho a eliminar el Evento de los Servicios Universe.
• 5.11 Sin garantía de Universe: Universe no garantiza que los Eventos realizados a través de los Servicios Universe se publiquen y activen en un plazo determinado desde que el Organizador publique un Evento o que aparezca en un orden determinado en los resultados de búsqueda o que la(s) Boleto(s) se venda(n). Si un Boleto no se vende, Universe no acepta ninguna responsabilidad.

6. VENTA DE BOLETOS

• 6.1 Preferencias de Procesamiento de Pagos: El Organizador puede seleccionar uno de los dos Métodos de Procesamiento de Pagos al crear un Evento; Pagos Universe o Pagos Stripe, de los que encontrará más detalles en Preferencias de Procesamiento de Pagos. Una vez que el Organizador ha seleccionado el Método de Procesamiento de Pagos para un Evento, puede cambiarlo en cualquier momento; sin embargo, los fondos de las ventas de Boletos existentes seguirán pagándose a través del Método de Procesamiento de Pagos establecido en el momento de la venta.
• 6.2 Configuración de aprobación: Los Organizadores pueden configurar un Evento de modo que se requiera la aprobación del Organizador para que un Comprador pueda completar una Transacción. Dichos Eventos deben especificar el plazo en el que el Organizador debe aprobar o rechazar la Transacción. Si el Organizador no confirma ni rechaza la Transacción en dicho plazo, ésta se cancelará automáticamente.
• 6.3 Contrato de venta y confirmación del pedido: Tras la aprobación del Organizador, si procede, cuando un Comprador complete el proceso de venta introduciendo sus datos de pago y haciendo clic en "pagar ahora" para los Eventos de pago o en "registrarse" para los Eventos gratuitos, las partes quedarán vinculadas contractualmente entre sí para completar la Transacción.
• 6.4 Entrega fallida: Las Confirmaciones de Pedido se generan automáticamente y se envían al Comprador una vez que éste ha completado el proceso de pago. Cualquier notificación de entrega fallida que el Organizador reciba de un Comprador deberá ser tramitada por el Organizador lo antes posible y, en cualquier caso, antes de la fecha del Evento en cuestión.
• 6.5 Eventos en Disputa: Si un Comprador disputa cualquier elemento de un Evento o del Valor de una Transacción, dicha disputa será entre el Comprador y el Organizador y Universe no tendrá ninguna implicación.

7. PAGOS UNIVERSE

• 7.1 Pagos Universe: Universe Payments es la opción de pago que está disponible para los Organizadores y que no requiere ninguna configuración por parte del Organizador.
• 7.2 Pago a los Organizadores: Siempre que el Evento haya tenido lugar, y no haya surgido ninguna disputa en relación con la Transacción, y no haya reembolsos pagaderos a ningún Comprador en virtud de los términos y condiciones aplicables, Universe pagará los ingresos del Precio de Venta debidos al Organizador por la Transacción, utilizando el método de pago seleccionado por el Organizador, aproximadamente 48 horas después de la finalización del Evento.
• 7.3 Datos de pago: Los Organizadores son responsables de proporcionar a Universe información precisa sobre la cuenta bancaria asociada a su Cuenta y de mantenerla actualizada en todo momento.
• 7.4 Saldo de la Cuenta: Los Organizadores serán notificados por correo electrónico una vez que los fondos estén disponibles para su retirada. Universe procesará los pagos al Organizador, tras la recepción de una solicitud de retirada, dentro de un plazo comercialmente razonable a partir de dicha solicitud.
• 7.5 Pagos: En algunas circunstancias, el pago solo se realizará si el importe adeudado al Organizador alcanza al menos el Importe Mínimo. Los importes pendientes de pago inferiores al Importe Mínimo se transferirán indefinidamente hasta que el importe acumulado alcance o supere el Importe Mínimo. Si los Organizadores desean que se les remita su saldo en un mes determinado en el que el importe que se les adeuda sea inferior al Importe Mínimo, deberán ponerse en contacto con Universe en support@universe.com para solicitarlo.
• 7.6 Retención de pagos: Universe se reserva el derecho de retener el pago a un Organizador o cobrar en la cuenta del Organizador cualquier cantidad que de otro modo se adeudaría a Universe, o cualquier cantidad adeudada como resultado de un incumplimiento de estos Términos y Condiciones, a la espera de que Universe investigue razonablemente dicho incumplimiento, a su entera discreción. Universe se reserva el derecho de congelar cualquier pago adeudado a los Organizadores durante un máximo de 6 meses si, a su entera discreción, considera que los cargos pueden ser impugnados por los Compradores o que el Organizador, Evento y/o Boletos parecen ser fraudulentos.
• 7.7 Impugnación de pagos: Si un Organizador impugna cualquier pago realizado o adeudado por Universe, el Organizador debe notificarlo por escrito a Universe en un plazo de 30 días a partir del momento en que se pague o venza dicho pago. Si el Organizador no notifica a Universe dentro del plazo requerido, renunciará a cualquier reclamación relacionada con dicho pago en disputa.
• 7.8 Reembolsos: Si un Organizador concede a un Comprador un reembolso de acuerdo con estos Términos y Condiciones, pero no tiene fondos suficientes en su cuenta Universe para cubrir el importe del reembolso, el Organizador añadirá inmediatamente fondos suficientes a su cuenta Universe para permitir a Universe pagar el reembolso al Comprador. Universe no pagará ningún reembolso a menos que y hasta que haya fondos suficientes en la cuenta Universe del Organizador. Se cobrará al Organizador el Cargo por Servicio, que será retenido por Universe.

8. PAGOS CON STRIPE

• 8.1 Pagos con Stripe: Al configurar una cuenta Stripe Connect a través del sitio web de Stripe, los Organizadores pueden vincular su Cuenta con Stripe para procesar los pagos de sus Eventos utilizando su propia cuenta de comerciante para gestionar sus propios pagos.
• 8.2 Pagos: Inmediatamente después de que el Comprador complete una Transacción, el valor total del Precio de Venta se abonará directamente en la cuenta Stripe del Organizador y el Cargo por Servicio y el cargo por orden de Universe (cuando corresponda) se abonarán directamente a Universe.
• 8.3 Reembolsos: En caso de que un Comprador solicite un reembolso del Valor de la Transacción, este se concederá a la entera discreción del Organizador, de conformidad con estos Términos y Condiciones. Universe no tendrá ninguna responsabilidad ante los Compradores, y los reembolsos serán responsabilidad exclusiva del Organizador.
• 8.4 Disputas: Todas las consultas y disputas relacionadas con los Pagos de Stripe se regirán por Stripe y el Organizador, sin recurso contra Universe.

9. CONTRACARGOS

• 9.1 Contracargos: Cualquier devolución de cargo en tarjetas de crédito u otras reversiones de transacciones iniciadas contra Universe o sus afiliados por cualquier motivo (excepto en la medida en que sean causadas únicamente por negligencia o mala conducta intencionada de Universe) con respecto al Evento de un Organizador, y todas las asociaciones de tarjetas de crédito relacionadas, el procesamiento de pagos y otros gastos y comisiones en que incurra Universe o sus afiliados en relación con dichos cargos, serán en última instancia responsabilidad del Organizador, quien se compromete a reembolsar a Universe de forma inmediata y completa dichos importes cuando se le solicite. Universe se reserva el derecho de retener al menos el 10 % de los ingresos del Organizador, a su entera discreción, para cubrir el costo de cualquier cargo que pueda surgir. Universe no tendrá ninguna responsabilidad ante el Organizador con respecto a cualquier devolución iniciada por un Comprador. Universe no tendrá ninguna obligación de impugnar ninguna solicitud de devolución y lo hará a su entera discreción.

10. EVENTOS CANCELADOS, REPROGRAMADOS Y APLAZADOS

• 10.1 Cambio y cancelación de Boletos: Los Boletos no pueden ser canceladas, cambiadas o reembolsadas después de su compra, salvo en las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4 a continuación, o de otro modo a discreción del Organizador.
• 10.2 Cancelación de un evento: si un evento se cancela en su totalidad (y no se reprograma), el organizador reembolsará al comprador el precio de venta de la Boleto (pero no el cargo por servicio). Si el evento se celebra en más de un día, pero no se cancelan todos los días, el Organizador reembolsará al Comprador la parte proporcional de los días cancelados.
• 10.3 Reprogramación: Si se aplaza o reprograma un Evento, los Boletos adquiridas serán válidas para el Evento reprogramado. El Comprador también puede solicitar el reembolso del Precio de Venta si no puede asistir al Evento reprogramado, siempre que solicite el reembolso al Organizador dentro de un plazo razonable tras la notificación de la(s) nueva(s) fecha(s) del Evento, y el Organizador reembolsará al Comprador el Precio de Venta de la Boleto (pero no el Cargo por Servicio).
• 10.4 Alteración sustancial: si un Evento sufre una alteración sustancial (es decir, un cambio, que no sea una reprogramación, que haga que el Evento difiera sustancialmente del Evento descrito en el Evento en el momento de la compra), el Comprador podrá solicitar la devolución del Precio de Venta, siempre que solicite la devolución al Organizador dentro de un plazo razonable tras la notificación de la alteración sustancial. Para evitar cualquier duda, no se considerarán alteraciones materiales: el uso de suplentes en representaciones teatrales; condiciones meteorológicas adversas; cambios en cualquier actuación secundaria; cambios en los miembros individuales de una banda; cambios en el cartel de cualquier evento con múltiples artistas (como un festival); reducción del evento cuando la mayor parte del mismo se represente en su totalidad; y retrasos en el comienzo de la representación de un evento.

11. USO Y RECOPILACIÓN DE DATOS POR PARTE DE UNIVERSE

• 11.1 Universe recopila Datos del Comprador del Universo como Controlador de Datos. Universe transmitirá o pondrá a disposición del Organizador a través de las Herramientas del Organizador los Datos Copiados del Organizador.
• 11.2 El Organizador es el Controlador de Datos de los Datos Copiados del Organizador desde el momento en que se transmiten o se ponen a disposición del Organizador.
• 11.3 Universe y el Organizador son Controladores de Datos separados e independientes y cada parte es responsable individual y separadamente del cumplimiento de sus obligaciones como Controlador de Datos en virtud de la Legislación de Protección de Datos. En particular, Universe y el Organizador:
• (a) es responsable del cumplimiento de todos los requisitos de transparencia y legalidad necesarios en virtud de la legislación sobre protección de datos; y
• (b) aplicará las medidas técnicas y organizativas apropiadas para proteger los Datos del Comprador del Universo y los Datos de Copia del Host, respectivamente, de (i) la destrucción accidental o ilícita, y (ii) la pérdida, alteración o divulgación no autorizada de dichos datos, o el acceso no autorizado a los mismos.
• 11.4 Procesamiento de Datos: Cuando Universe procese Datos Adicionales del Comprador o procese cualquier Copia de Datos del Organizador en nombre del Organizador a través de las Herramientas del Organizador como Procesador de Datos, se aplicarán los párrafos 11.4 a 11.7.
• 11.5 El alcance del tratamiento realizado por Universe en nombre del Organizador en virtud del apartado 11.4 es el siguiente:
  
  • (a) alcance: cualquier tratamiento de Datos Adicionales del Comprador y/o uso de las Herramientas del Organizador para tratar Datos Copiados del Organizador;
  • (b) duración: la vigencia de los presentes Términos y Condiciones;
  • (c) tipos de Datos Personales: nombre, correo electrónico, datos de contacto; y
  • (d) categorías de interesados: Compradores de Host Listings.
  • 11.6 En relación con el procesamiento de Universe en virtud del párrafo 11.4, Universe deberá:
  • (a) seguir las instrucciones documentadas del Organizador para el tratamiento de Datos Adicionales del Comprador y/o Datos Copiados del Organizador. Cualquier instrucción adicional estará sujeta al acuerdo entre el Organizador y Universe;
  • (b) informar al Organizador si, en opinión de Universe, las instrucciones del Organizador infringen el GDPR;
  • (c) garantizar que las personas a las que proporcione acceso a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador estén obligadas a mantener su confidencialidad; establecer medidas de seguridad técnicas y organizativas adecuadas para proteger contra la destrucción accidental o ilícita, la pérdida, la alteración, la divulgación no autorizada o el acceso a dichos Datos Personales (una "violación de datos personales");
  • (d) informar al Organizador sin demora indebida si tiene conocimiento de una violación de datos personales;
  • (e) ayudar al Organizador a responder a las solicitudes de personas físicas para ejercer sus derechos como sujetos de datos en virtud del RGPD, en la medida en que dicha asistencia se refiera a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador procesados por Universe como Procesador de Datos;
  • (f) ayudar al Organizador a cumplir sus obligaciones en virtud de los artículos 32 a 36 del GDPR, en la medida en que dicha asistencia se refiera a dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador procesados por Universe como Procesador de Datos;
  • (g) a petición del Organizador, proporcionar pruebas de su cumplimiento de los apartados 11.4 a 11.7 inclusive y permitir que el Organizador lleve a cabo una auditoría documental de dicho cumplimiento;
  • (h) no transferirá ningún Dato Adicional del Comprador y/o Datos Copiados del Organizador a ningún país fuera del Espacio Económico Europeo, a menos que tenga una base legal para la transferencia; y
  • (i) a la terminación o expiración de los presentes Términos y Condiciones, a elección del Organizador, devolver o eliminar sin demora dichos Datos del Comprador Adicionales y/o Datos de Copia de Organizador, salvo cuando Universe esté obligado a conservar dichos Datos Personales en virtud de la legislación aplicable.
• 11.7 En la medida en que Universe requiera autorización para designar subprocesadores en virtud de la Legislación de Protección de Datos de la UE, el Organizador concede a Universe una autorización general para contratar a sus subprocesadores actuales para procesar dichos Datos del Comprador Adicionales y/o Datos Copiados del Organizador. El acceso a dicha lista de subencargados se pondrá a disposición del Organizador previa solicitud. Si el Organizador se opone a cualquier cambio de los subprocesadores incluidos en la lista por motivos razonables relacionados con la protección de datos, el Organizador podrá dejar de utilizar los Servicios de Universe. Universe contratará con sus subprocesadores en términos de protección de datos equivalentes a los contenidos en estos Términos y Condiciones y Universe seguirá siendo responsable de los actos y omisiones de sus subprocesadores.
• 11.8 El Organizador indemnizará a Universe por todos los costes, gastos (incluidos los gastos legales), daños, pérdidas (incluida la pérdida de negocio o pérdida de beneficios), responsabilidades, demandas, reclamaciones, acciones o procedimientos en los que Universe pueda incurrir como consecuencia de: (i) el cumplimiento por parte de Universe de cualquier instrucción dada por el Organizador a Universe en relación con el tratamiento de Datos Personales (incluidas las instrucciones en relación con las solicitudes de personas físicas que ejerzan sus derechos en virtud de la Legislación de Protección de Datos de la UE y cualquier instrucción para conservar, revelar, modificar o tratar de otro modo dichos datos); o (ii) cualquier incumplimiento por parte del Organizador de este párrafo 11 o del párrafo 12.

12. HERRAMIENTAS DE UNIVERSE

• 12.1 Los Servicios Universe pueden incluir el suministro de Herramientas del Organizador que incluyen cualquier equipo o software (incluido el software como servicio). Cuando Universe proporcione al Organizador acceso a las Herramientas del Organizador, el Organizador deberá:
  
  • (a) cumplir con cualesquiera términos y condiciones especiales notificados al Organizador en relación con cualesquiera Herramientas de Organizador específicas;
  • (b) mantener seguros todos los nombres de usuario y contraseñas y asegurarse de que no se revelan a ninguna persona no autorizada o a terceros;
  • (c) disponer de procesos y procedimientos de seguridad adecuados en relación con el uso de las Herramientas de Host e Internet y que todos los usuarios autorizados reciban formación sobre dichos procesos y procedimientos de seguridad;
  • (d) asegurarse de que tiene y pone a disposición de los Compradores un aviso de privacidad adecuado, cuando proceda; y
  • (e) será el único responsable de cualquier actividad realizada utilizando las Herramientas de Host (ya sea por Universe en nombre del Host, o por el propio Host) y se asegurará de que todas esas actividades se realicen de conformidad con todas las leyes y reglamentos aplicables, y el Host será responsable y por la presente indemniza a Universe por cualquier pérdida incurrida por o en relación con cualquier infracción de dichas leyes y/o reglamentos.
• 12.2 El Organizador reconoce que cualquier uso de las Herramientas de Organizador no confiere al Organizador ningún derecho de propiedad intelectual o de otro tipo en relación con las Herramientas de Organizador.
• 12.3 Las Herramientas de Host se proporcionan al Host "tal cual", sin garantías de ningún tipo, ni expresas ni implícitas, incluidas las garantías de comerciabilidad o idoneidad para un fin o uso particular con respecto a internet o al uso de la información en relación con cualquiera de las Herramientas de Host proporcionadas en este párrafo 12.4. El Organizador reconoce que las comunicaciones electrónicas y las bases de datos están sujetas a errores, piratería informática, caídas, manipulaciones y allanamientos. Aunque Universe se compromete a tomar las precauciones de seguridad razonables para evitar tales incidentes, Universe no garantiza ni asegura que tales incidentes no se produzcan.

13. MEDIDAS DE EJECUCIÓN CONTRA LOS ORGANIZADORES

• 13.1 Cancelación: Universe se reserva el derecho de cancelar un Evento y/o una Transacción y/o la Cuenta de un Organizador a su entera discreción, por cualquier motivo y en cualquier momento.

D. Condiciones generales - Compra de Boletos

14. PRECIO Y PAGO

• 14.1 Precio de venta: El Organizador fija el Precio de Venta de la Boleto y puede modificarlo en cualquier momento antes de que tenga lugar una Transacción.
• 14.2 Tasas/Cargos: Cuando un Comprador selecciona una o más Boletos para su compra, el Organizador indicará claramente cualquier cargo y/o tasa adicional asociados a la Boleto y a la Transacción.
• 14.3 Compruebe su pedido: Como Comprador, debe asegurarse de que ha leído todos los detalles del Evento y de que está satisfecho con su selección de Boletos antes de la compra. Universe no rectificará ningún problema que surja y los Organizadores sólo lo harán a su entera discreción.
• 14.4 Información de pago: El Comprador garantiza y declara que está autorizado a utilizar el método de pago seleccionado y que la información de facturación proporcionada es completa, actualizada y exacta.
• 14.5 Ajustes de aprobación: Algunos Eventos pueden requerir la aprobación del Organizador antes de que el Comprador pueda adquirir Boletos. Dichos Eventos especificarán los plazos en los que el Organizador debe dar su aprobación. Si no se concede la aprobación dentro de dichos plazos, su pedido se cancelará y no se efectuará el pago.
• 14.6 Confirmación del pedido: Una vez que el Comprador haya completado su compra, introduciendo sus datos de pago, cuando sea necesario, y haciendo clic en "pagar ahora" para los Eventos de pago o en "registrarse" para los Eventos gratuitos, se enviará automáticamente al Comprador una Confirmación de Pedido, que es el momento en el que el Comprador y el Organizador establecen un acuerdo vinculante. La Confirmación de Pedido contendrá la Boleto con la que el Comprador podrá asistir al Evento. Si no se recibe la Confirmación de Pedido, se puede recuperar desde el panel de control de la Cuenta, junto con la Boleto.
• 14.7 Pago: Una vez que el Comprador reciba la Confirmación de Pedido, dependiendo del Método de Procesamiento de Pago que el Organizador haya seleccionado, el Comprador acepta que Universe o un procesador de pagos externo, que actúe en nombre del Organizador, cargue el Valor de la Transacción en el método de pago proporcionado por el Comprador. A menos que el Organizador acuerde lo contrario, o cuando lo exija la ley, o se apliquen las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4, no se proporcionarán reembolsos ni créditos una vez que se haya cargado el importe al Comprador.
• 14.8 Otros términos y condiciones de los Boletos: Todas los Boletos adquiridas por el Comprador están sujetas a los términos y condiciones de los Boletos, del Evento y del Recinto, así como a todas las leyes y reglamentos aplicables, incluyendo cualquier restricción a la reventa o transferencia de Boletos.
• 14.9 Consultas posventa: Si el Comprador tiene alguna pregunta o duda tras la compra de un Boleto, deberá ponerse en contacto directamente con el Organizador y no deberá ponerse en contacto ni intentar ponerse en contacto con Universe.
• 14.10 Donaciones: Los Organizadores pueden comprometerse a donar una parte del Precio de Venta a una causa u organización benéfica concreta. Universe no controla ni acepta responsabilidad alguna por las donaciones prometidas por el Organizador. Universe no investiga ni garantiza de ningún otro modo la exactitud de las declaraciones de donación realizadas por los Organizadores en los Eventos.
• 14.11 Divisas: Universe proporciona una función a través de la cual los Usuarios pueden ver las tarifas de varios Eventos en divisas extranjeras. Los Precios de Venta indicados en divisas extranjeras tienen únicamente fines informativos. Usted entiende y acepta que dichas monedas extranjeras no son el Precio de Venta oficial y en el momento en que solicite una reserva se le notificará la moneda en la que se le cobrará junto con el Valor de la Transacción correspondiente. El valor se pagará en la moneda especificada en el momento de la compra.

15. CANCELACIONES Y REEMBOLSOS

• 15.1 Cancelaciones: La política de cancelación y reembolso de un Boleto se establece en el numeral 10 anterior.
• 15.2 Reembolsos: Si un Comprador desea solicitar un reembolso de conformidad con estos Términos y Condiciones, deberá ponerse en contacto con el Organizador del Evento utilizando los datos de contacto que se señalan en la página del Evento. Si el Organizador acepta que se debe realizar un reembolso, este será emitido por el Organizador en un plazo comercialmente razonable, normalmente puede ser en un plazo de una semana después de que se haya acordado el reembolso. Cuando un Organizador haya seleccionado utilizar Universe Payments, Universe solo emitirá reembolsos con la condición de que el Organizador haya proporcionado los fondos para hacerlo. Los cargos por servicio, si son aplicables, pueden no ser reembolsables, salvo que lo exija la ley. El cargo por orden de Universe solo es reembolsable en las circunstancias establecidas en los numerales 10.2, 10.3 y 10.4 de estos Términos y condiciones. En caso de disputa entre el Comprador y el Organizador sobre si se debe pagar un reembolso, se aplicará el párrafo 15.3 a continuación.
• 15.3 Disputas: Si surge alguna disputa entre el Comprador y el Organizador, incluyendo si se debe pagar un reembolso, el Comprador se pondrá en contacto con el Organizador para exponer los detalles de la disputa y la resolución que busca. El Organizador tendrá 48 horas para refutar dicha disputa, transcurrido ese periodo podrá pasar cualquiera de los siguientes supuestos: (i) si el Organizador no refuta dicha disputa, el Organizador reembolsará al Comprador el precio total de venta; o, (ii) si el Organizador refuta dicha disputa, las dos partes deberán ponerse en contacto entre sí para resolver la disputa y enviar la confirmación de la resolución a Universe en un plazo de 30 días. Si el Comprador y el Organizador no llegan a una resolución en un plazo de 30 días a partir del contacto inicial del Comprador, el Comprador o el Organizador podrán ponerse en contacto con Universe para solicitar que resuelva la disputa, en cuyo caso Universe resolverá definitivamente la disputa a su entera y absoluta discreción. Universe no tendrá ninguna responsabilidad ante ninguna de las partes en relación con la resolución de cualquier disputa. Es responsabilidad del Organizador proporcionar pruebas de que un Comprador asistió a un Evento en un plazo de 48 horas a partir de la solicitud de Universe.

16. MEDIDAS CONTRA LOS COMPRADORES

• 16.1 Cancelación de compras: Universe se reserva el derecho a cancelar la transacción de un Comprador en cualquiera de las siguientes circunstancias:
  
  • (a) Si Universe sospecha de alguna actividad fraudulenta, ilegal o poco ética relacionada con una o varias compras; y/o
  • (b) Si Universe sospecha de algún uso no autorizado de la cuenta de un Comprador y/o de los servicios de Universe; y/o
  • (c) se produce un incumplimiento de estos Términos y Condiciones.

17. MERCANCÍA Y COMPLEMENTOS

• 17.1 El Organizador será el único responsable de cumplir con todas las obligaciones de cumplimiento, canje y entrega relacionadas con el cumplimiento y la entrega de cualquier mercancía, producto y/o servicio adicional que se empaquete o venda en relación con los Boletos para cualquier Evento, así como de todos los costos asociados a ello. El Organizador indemnizará y eximirá de responsabilidad a Universe y a las filiales y licenciatarios de Universe (y a sus respectivos directivos, directores, empleados, licenciatarios, contratistas, mandantes y agentes) frente a cualquier reclamación, costo (incluidos los costos judiciales y los honorarios legales razonables), obligación, pérdida y responsabilidad relacionados con, o en conexión con, dichos productos, mercancías y/o servicios adicionales.

18. POLÍTICA DE PRIVACIDAD: Consulte la Política de Privacidad y la Política de Cookies de Universe para obtener más detalles sobre cómo utilizamos y protegemos sus Datos Personales.

E. Términos y Condiciones Generales

19. DEFINICIONES E INTERPRETACIÓN

• 19.1 En estos Términos y condiciones:
  
  • "Cuenta" se refiere a la cuenta creada por usted para utilizar los Servicios de Universe.
  • “Datos adicionales del comprador” se refiere a cualquier dato que el Organizador indique a Universe que recopile sobre los compradores del Organizador como parte de un Anuncio, que no sea también un dato del comprador de Universe.
  • “Legislación sobre protección de datos” se refiere a todas las leyes, normas y reglamentos sobre datos y privacidad, en la medida en que sean aplicables en cada momento, incluyendo, sin limitación, la siguiente legislación («Legislación de la UE sobre protección de datos»): (a) Reglamento 2016/679 del Parlamento Europeo y del Consejo relativo a la protección de las personas físicas en lo que respecta al tratamiento de datos personales y a la libre circulación de estos datos (Reglamento general de protección de datos) (el «RGPD»); (b) la Directiva sobre privacidad y comunicaciones electrónicas (2002/58/CE); y (c) cualquier otra ley nacional de privacidad aplicable promulgada en virtud de (a) o (b); en cada caso, tal y como pueda ser modificada o sustituida en cada momento.
  • “Responsable del tratamiento” tiene el significado que se le da en la legislación de la UE en materia de protección de datos.
  • “Encargado del tratamiento” tiene el significado que se le da en la legislación de la UE en materia de protección de datos.
  • “Evento” significa cualquier evento o actividad con Boleto detallada en un Anuncio para la que se puedan emitir, comprar o vender Boletos a través de los Servicios de Universe.
  • "Feedback" significa opiniones, comentarios y sugerencias para mejorar los Servicios de Universe publicados por los Usuarios.
  • "Fuerza mayor" se refiere a cualquier causa fuera del control de Universe, incluyendo, sin limitación, casos fortuitos, guerra, insurrección, revuelta, disturbios civiles, actos de terrorismo, incendio, explosión, inundación, epidemia, robo de equipos esenciales, daños malintencionados, huelga, cierre patronal, condiciones meteorológicas, requerimiento de terceros, requisitos de defensa nacional, actos o reglamentos de gobiernos nacionales o locales.
  • "Evento" se refiere al Evento o Eventos de Eventos y Boletos creados por un Organizador, para los que los Boletos están disponibles para su venta o distribución y que incluyen el contenido digital creado para dicho Evento.
  • "Confirmación de pedido" se refiere a la notificación por escrito que confirma una Transacción, emitida automáticamente al Comprador una vez completado el proceso de reserva, momento en el que se establece un acuerdo legalmente vinculante con respecto a la Transacción entre el Comprador y el Organizador.
  • "Método de procesamiento de pagos" se refiere a uno de los dos métodos de procesamiento de pagos, ya sea Universe Payments o Stripe Payments, al vender Boletos utilizando los Servicios Universe.
  • "Datos Personales" tiene el significado que se le da en la Legislación de Protección de Datos del lugar de su residencia.
  • "Precio de Venta" se refiere al precio al que el Organizador ofrece un Boleto a la venta, ya sea en GBP, EUR u otra divisa aplicable, utilizando los Servicios Universe, que puede ser nulo (es decir, algunos Eventos pueden ser gratuitos) y que incluye todos y cada uno de los costes y cargos adicionales que pueda establecer el Organizador, aparte del Cargo por Servicio y la Tarifa por Pedido de Universe.
  • "Datos Copiados del Organizador" se refiere a una copia de la parte de los Datos del Comprador de Universe que Universe pasa o pone a disposición del Organizador en la medida necesaria para el Evento de un Organizador.
  • "Herramientas del Organizador" se refiere a cualquier equipo y/o software y servicios relacionados que Universe proporcione al Organizador como parte de los Servicios Universe, por ejemplo, informes, gestión de correo electrónico o análisis de datos.
  • "Cargo por Servicio" se entiende el cargo por servicio no reembolsable (salvo que se exija legalmente) pagadero a Universe por la prestación de los Servicios Universe, que a elección del Organizador puede ser cargado exclusivamente al Organizador (en cuyo caso dicho importe será cobrado por Universe antes de la liquidación de los ingresos por ventas) o puede ser suministrado de nuevo al Comprador por el Organizador (en cuyo caso dicho importe aparecerá en el subtotal de la página de pago y será pagado por el Comprador además del Precio de Venta como parte del Valor total de la Transacción). El Cargo por Servicio no incluye los impuestos aplicables al tipo vigente en ese momento. Los impuestos aplicables son pagaderos adicionalmente.
  • "Pagos Stripe" se refiere a la integración de la propia cuenta Stripe del Organizador para procesar los pagos realizados por un Comprador.
  • "Sitio de redes sociales de terceros" hace referencia a sitios web y aplicaciones de terceros que permiten a los usuarios crear y compartir contenidos o participar en redes sociales, incluidos, entre otros, Facebook, Twitter y Google Chrome.
  • "Importe Mínimo" significa 10 libras esterlinas o su importe equivalente en la moneda del país en el que resida.
  • "Boleto(s)" significa un Boleto electrónica u otro tipo de prueba del derecho a ocupar espacio en un Evento o a asistir al mismo.
  • "Transacción" se refiere a una transacción realizada a través de los Servicios Universe en la que el Comprador acepta comprar y el Organizador acepta vender una o más Boletos al Precio o Precios de Venta indicados.
  • “Valor de la Transacción” significa el importe total que debe pagar un Comprador en virtud de una Transacción, que incluye todos los costos y comisiones establecidos en el párrafo 14.2.
  • “Información de la cuenta Universe” se refiere a los datos personales que usted carga al registrar su cuenta.
  • “Datos de Usuario del Comprador Universe” se refiere a los datos recopilados por Universe de los Compradores como parte de su uso de los Servicios de Universe.
  • “Pagos Universe” significa la opción predeterminada del Método de procesamiento de pagos a través de la cual el Valor de la transacción se paga a Universe, quien remitirá el importe o importes del Precio de venta al Anfitrión.
  • “Cargo por Orden de Universe” significa, cuando corresponda, la tarifa por pedido que los compradores deben pagar a Universe cuando hay boletos y/o complementos pagados en una transacción. Dicho importe aparecerá en el subtotal de la página de pago y será pagado por el comprador además del precio de venta y el cargo por servicio como parte del valor total de la transacción. La tarifa por pedido de Universe incluye todos los impuestos aplicables al tipo vigente en ese momento. La tarifa por pedido de Universe solo es reembolsable en las circunstancias establecidas en los párrafos 10.2, 10.3 y 10.4 de estos Términos y Condiciones.
  • “Servicios de Universe” se refiere a todos los servicios en línea de Universe, incluyendo, entre otros, el sitio web, la aplicación de software disponible para descargar en un teléfono inteligente que contiene una versión modificada del sitio web y todos los servicios móviles, cualquier software o hardware proporcionado y cualquier herramienta y servicio relacionado proporcionado por Universe o una empresa afiliada a Universe.
  • “Inmueble” significa cualquier sitio, instalación o lugar donde se celebre un Evento.
  • "Sitio Web” significa cualquier sitio web gestionado o proporcionado por Universe, incluida cualquier aplicación de software disponible para su descarga en un teléfono inteligente que contenga una versión modificada del sitio web.

20. RESCISIÓN

• 20.1 Rescisión por parte de Universe: Universe se reserva el derecho a rescindir su Cuenta y/o cancelar cualquiera de sus Transacciones y/o eliminar su Anuncio y/o prohibirle el uso de los Servicios de Universe en el futuro si: 
  
  • (a) se denuncia a Universe cualquier comportamiento abusivo o amenazante por parte de usted o a través de su Cuenta;
  • (b) Universe sospecha de cualquier uso no autorizado de su Cuenta y/o de los Servicios de Universe;
  • (c) Universe sospecha de cualquier actividad fraudulenta u otra actividad ilegal relacionada con su Cuenta;
  • (d) usted incumple de cualquier otra forma estos Términos y Condiciones;
  • (e) cualquier autoridad legal o reguladora local ordena a Universe que lo haga; 
  • (f) usted es una persona física y no puede pagar sus deudas a su vencimiento o se declara en quiebra, o si es una empresa y se ve sujeta a una orden de administración o llega a un acuerdo voluntario o convenio con sus acreedores (o cualquier otro acuerdo similar aplicable en el país en el que reside), o un acreedor hipotecario toma posesión o se nombra un administrador judicial sobre su propiedad o activos, o la empresa se liquida o cesa o amenaza con cesar en su actividad, salvo con fines de reconstrucción; y/o
  • (g) Universe le envía una notificación por escrito de rescisión con 30 días de antelación, a elección de Universe.
• 20.2 Cancelación por parte del Usuario: El usuario puede cancelar su Cuenta en cualquier momento a través de la función Cancelar cuenta o enviando un correo electrónico a support@universe.com. Si el usuario es un Anfitrión, antes de cancelar su cuenta, debe cancelar cualquier Entrada que haya vendido para Eventos que no se hayan celebrado, notificarlo a los Compradores y reembolsarles el importe, si utiliza Pagos Stripe, o solicitar a Universe que reembolse a los Compradores, si utiliza Pagos Universe . Tenga en cuenta que, si se cancela su Cuenta, Universe no tiene la obligación de eliminar ni devolverle ningún Contenido de usuario que haya publicado en los Servicios de Universe.
• 20.3 Consecuencias de la rescisión: La rescisión de su Cuenta no afectará a sus derechos y responsabilidades ni a los de Universe acumulados antes de la fecha de rescisión, incluida esta, ni a ningún término destinado, de forma expresa o implícita, a sobrevivir a la rescisión.

21. NORMAS DEL SERVICIO UNIVERSE

• 21.1 Normas: En relación con el uso que haga de los Servicios Universe, usted no podrá y acepta que no hará lo siguiente:
  
  • (a) infringir ninguna ley o normativa local, estatal, provincial, nacional o de otro tipo, ni ninguna orden judicial;
  • (b) infringir los derechos de cualquier persona o entidad, incluidos, entre otros, sus derechos de propiedad intelectual, privacidad, publicidad o contractuales;
  • (c) interferir o dañar los Servicios de Universe, incluyendo, entre otros, mediante el uso de virus, bots, troyanos, códigos dañinos, ping de inundación, ataques de denegación de servicio, suplantación de paquetes o IP, información de enrutamiento o direcciones de correo electrónico falsificadas o métodos o tecnologías similares; 
  • (d) utilizar los Servicios de Universe en relación con la distribución de correos electrónicos comerciales no solicitados («spam») o anuncios publicitarios no relacionados con los Servicios de Universe;
  • (e) «acosar» o hostigar a cualquier otro Usuario de los Servicios de Universe, ni recopilar o almacenar información de identificación personal sobre cualquier otro Usuario (salvo en los casos expresamente permitidos por los Servicios de Universe);
  • (f) enviar o proporcionar enlaces a publicaciones que contengan material que pueda considerarse dañino, obsceno, pornográfico, sexualmente explícito, indecente, lascivo, violento, abusivo, profano, insultante, amenazante, acosador, odioso o de cualquier otro modo objetable, que incluya la imagen o semejanza de personas menores de 18 años, que fomente o represente o glorifique el consumo de drogas (incluido el alcohol y el tabaco), que caracterice la violencia como aceptable, glamurosa o deseable, o que contenga cualquier información de contacto personal u otra información personal que identifique a terceros; 
  • (g) enviar o proporcionar enlaces a publicaciones que contengan material que acose, victimice, degrade o intimide a una persona o grupo de personas por motivos de religión, raza, etnia, orientación sexual, género, edad o discapacidad;
  • (h) registrarse en más de una Cuenta o registrarse en una Cuenta en nombre de otra persona que no sea usted mismo, incluyendo cualquier empleado o representante de nuestra empresa;
  • (i) reclutar o solicitar de cualquier otra forma a cualquier Anfitrión u otro Usuario que se una a servicios o sitios web de terceros que compitan con Universe, sin la previa autorización por escrito de Universe;
  • (j) suplantar a cualquier persona o entidad, o falsificar o tergiversar su identidad o su afiliación con cualquier persona o entidad;
  • (k) utilizar scripts automatizados para recopilar información o interactuar de cualquier otra forma con los Servicios de Universe;
  • (l) utilizar los Servicios de Universe para encontrar un Anfitrión o Comprador y luego completar la transacción independientemente de los Servicios de Universe con el fin de eludir la obligación de pagar cualquier tarifa relacionada con la provisión del Anuncio por parte de Universe; 
  • (m) como Anfitrión, enviar cualquier Anuncio con información falsa o engañosa sobre el precio, o enviar cualquier Anuncio con un precio, servicio o actividad que no tenga intención de cumplir;
  • (n) utilizar, mostrar, duplicar o enmarcar los Servicios de Universe, o cualquier elemento individual dentro de los Servicios de Universe, el nombre de Universe, cualquier marca comercial, logotipo u otra información de propiedad exclusiva de Universe, o el diseño y la maquetación de cualquier página o formulario contenido en una página, sin el consentimiento expreso por escrito de Universe;
  • (o) acceder, manipular o utilizar áreas no públicas de los Servicios de Universe, los sistemas informáticos de Universe o los sistemas técnicos de entrega de los proveedores de Universe;
  • (p) intentar sondear, escanear o probar la vulnerabilidad de cualquier sistema o red de Universe o violar cualquier medida de seguridad o autenticación; 
  • (q) evitar, eludir, eliminar, desactivar, deteriorar, descifrar o burlar de cualquier otra forma cualquier medida tecnológica implementada por Universe o cualquiera de los proveedores de Universe o cualquier otro tercero (incluido otro Usuario) para proteger los Servicios de Universe o cualquier contenido de los mismos;
  • (r) intentar descifrar, descompilar, desensamblar o aplicar ingeniería inversa a cualquier software utilizado para proporcionar los Servicios de Universe;
  • (s) reproducir o escanear Entradas en un formato o medio diferente al proporcionado por el Sitio web;
  • (t) utilizar cualquier software o sistema informático automatizado para buscar, reservar, comprar u obtener de cualquier otra forma Entradas, códigos de descuento, códigos promocionales, vales, tarjetas de regalo o cualquier otro artículo disponible en el Sitio web, incluido el envío de información desde su computadora a otra computadora en la que dicho software o sistema esté activo; y/o 
  • (u) defender, alentar o ayudar a terceros a realizar cualquiera de las acciones anteriores.
• 21.2 Acciones legales: Universe se reserva el derecho de investigar y emprender las acciones legales oportunas contra cualquier uso ilegal y/o no autorizado de los Servicios de Universe. Universe podrá involucrar y cooperar con las autoridades locales encargadas de hacer cumplir la ley en el enjuiciamiento de los Usuarios que incumplan estos Términos y Condiciones, incluyendo, sin limitación, acciones civiles, penales y medidas cautelares. Usted acepta que los daños monetarios pueden no proporcionar a Universe una reparación suficiente y que Universe puede solicitar medidas cautelares u otras medidas por su incumplimiento de estos Términos. Si Universe determina que usted ha infringido estos Términos o cualquier ley local o nacional, o por cualquier otra razón o sin razón alguna, Universe puede cancelar su Cuenta, eliminar todo su contenido de usuario e impedirle el acceso al Sitio web en cualquier momento sin previo aviso. Si eso ocurre, ya no podrá utilizar los Servicios de Universe ni el Sitio web. Seguirás estando sujeto a las obligaciones que te imponen estos Términos. Aceptas que Universe no será responsable ante ti ni ante ningún tercero por la cancelación de tu acceso al Sitio web o a tu cuenta o a cualquier información relacionada, y que Universe no estará obligado a poner a tu disposición el Sitio web, tu cuenta o cualquier información relacionada.

22. GARANTÍAS E INDEMNIZACIONES

• 22.1 Información veraz: Usted declara y garantiza que la información que envía a Universe para su Cuenta y en su uso de los Servicios de Universe es veraz, precisa y completa, y que no utilizará información falsa, incluyendo nombre y dirección de correo electrónico, al utilizar los Servicios de Universe.
• 22.2 Cumplimiento legal: Usted declara y garantiza que, al utilizar los Servicios de Universe, cumplirá con todas las leyes, reglamentos, códigos de prácticas locales, regionales, nacionales e internacionales aplicables, así como con los presentes Términos y condiciones. Además, garantiza que tiene 18 años o más y que puede celebrar contratos legalmente vinculantes.
• 22.3 Indemnización fiscal: Usted acepta que Universe no es en modo alguno responsable de la exactitud o idoneidad de cualquier pago de impuestos a cualquier entidad en su nombre (ya sea el Comprador y/o el Organizador). Si al utilizar los Servicios de Universe usted opera como empresa, por la presente indemniza y exime a Universe de toda responsabilidad, costos, intereses y gastos (incluidos los honorarios legales razonables) en los que incurra Universe y que se deriven de cualquier reclamación de terceros o del gobierno que implique, que se relacione o se refiera a cualquier obligación fiscal local, regional, nacional o internacional, o a cantidades adeudadas o pagaderas en virtud de cualquier normativa, orden, ley o decreto fiscal, o cualquier disputa relativa a la situación fiscal de Universe.
• 22.4 Indemnización general: Usted acepta indemnizar y eximir de responsabilidad a Universe y a sus empresas matrices y afiliadas, proveedores, anunciantes y patrocinadores, así como a cada uno de sus directivos, directores, empleados, agentes, representantes legales y subcontratistas (las “Partes indemnizadas”) frente a cualquier reclamación o demanda y todas las responsabilidades, costos y gastos (incluidos los honorarios y costos legales razonables) en que incurra una Parte indemnizada como resultado de o en relación con su uso del Sitio web, el incumplimiento de estos Términos y Condiciones (incluido cualquier uso indebido de los Servicios de Universe) y/o su violación de cualquier ley o los derechos de un tercero. Nos reservamos el derecho de asumir el control y la defensa exclusivos de cualquier reclamación, y usted cooperará plenamente con nosotros en la defensa de cualquier reclamación.

23. RESPONSABILIDAD

• 23.1 Exención de responsabilidad de Universe: Debido a la naturaleza del negocio de Universe y al hecho de que Universe no puede controlar los actos u omisiones de los Usuarios, Universe no ofrece ninguna garantía y, específicamente, rechaza toda responsabilidad en relación con los bienes o servicios proporcionados por los Anfitriones.
• 23.2 Asistencia a Eventos: Bajo ninguna circunstancia Universe será responsable de la muerte o lesiones personales sufridas por usted o sus invitados como consecuencia de la asistencia a un Evento, a menos que sean causadas directamente por negligencia de Universe. Universe tampoco será responsable de ninguna pérdida o daño sufrido por sus bienes o pertenencias o los de sus invitados que asistan a un Evento.
• 23.3 Responsabilidad de Universe: Usted acepta que no tiene derecho a reclamar a Universe por las acciones, ya sean negligentes o intencionadas, de cualquier otro Usuario de los Servicios de Universe (ya sean Compradores u Organizadores), y en relación con cualquier Anuncio, Evento o Transacción, salvo en los casos en que Universe sea culpable. Si surge una disputa entre un Comprador y un Organizador, usted exime a Universe (y a sus filiales, empresas matrices, subsidiarias y sus respectivos funcionarios, directores, empleados, agentes, representantes legales y subcontratistas) de todas las reclamaciones, demandas y daños (reales y consecuentes) de cualquier tipo y naturaleza, conocidos y desconocidos, revelados y no revelados, que surjan de o estén relacionados de alguna manera con dicha disputa.
• 23.4 Exclusión de responsabilidad: En la medida en que lo permita la legislación local, nacional o internacional, Universe (y sus filiales, empresas matrices, subsidiarias y sus respectivos funcionarios, directores, empleados, agentes, representantes legales y subcontratistas) no será responsable ante usted, por contrato o por responsabilidad civil (incluida la negligencia), de ninguna pérdida indirecta, consecuente o comercial, como la pérdida de datos, beneficios, ingresos, fondo de comercio, reputación, pérdida de disfrute u oportunidad, ni por daños ejemplares, especiales o punitivos que no sean razonablemente previsibles, que se deriven directa o indirectamente de su acceso y uso o imposibilidad de usar los Servicios de Universe. Nada de lo dispuesto en estos Términos y Condiciones limitará o excluirá la responsabilidad de Universe por fraude o tergiversación fraudulenta, o por muerte o lesiones personales que se deriven de la negligencia de Universe, ni cualquier otra responsabilidad que no pueda ser limitada o excluida por la legislación local, nacional o internacional. Nada de lo dispuesto en estos Términos y Condiciones afectará a los derechos o recursos del Usuario en relación con cualquier ley de protección al consumidor aplicable.
• 23.5 Límite de responsabilidad: Sin perjuicio de las demás disposiciones de la presente sección 23, si se determina que Universe es responsable, la responsabilidad de Universe frente a usted (excepto la responsabilidad que no pueda limitarse o excluirse en virtud de la legislación local, nacional o internacional aplicable) se limitará en total al valor de la transacción en relación con la transacción que dé lugar a dicha responsabilidad.
• 23.6 Fuerza mayor: Universe no será responsable ante usted por el incumplimiento de cualquiera de sus obligaciones de conformidad con estos Términos y Condiciones en la medida en que dicho incumplimiento se deba a causas de fuerza mayor.

24. RESOLUCIÓN DE CONTROVERSIAS

• 24.1 Si surge alguna controversia en relación con estos Términos y Condiciones o con cualquier Transacción realizada de conformidad con estos Términos y Condiciones, debe ponerse en contacto con el Servicio de Atención al Cliente, que intentará resolver el asunto lo antes posible. Universe acusará recibo de su queja lo antes posible.
• 24.2 Universe hará todo lo posible por consultar o negociar de buena fe e intentar llegar a un acuerdo justo y equitativo que sea satisfactorio tanto para usted como para Universe.
• 24.3 En el improbable caso de que no podamos resolver su queja mediante negociación en un plazo de 28 días, podremos intentar resolver el asunto mediante mediación. Para iniciar una mediación, una de las partes deberá notificarlo por escrito a la otra parte en la disputa solicitando una mediación. La mediación se llevará a cabo de acuerdo con el procedimiento de cualquier organismo local de autorregulación de venta de boletos o, si no lo hubiera, con el Código de prácticas y procedimiento de resolución de disputas de UK STAR vigente en la fecha de la remisión, que establece los procedimientos que deben adoptarse, el proceso de selección del mediador y los costos involucrados, y cuyos términos se consideran incorporados a estos Términos y Condiciones.
• 24.4 Lo anterior no limita sus derechos legales, su derecho a presentar una queja ante su autoridad local u otra autoridad reguladora local o nacional competente, ni su derecho a iniciar procedimientos judiciales u otras formas de resolución, como a través de la Plataforma de Resolución de Litigios en Línea de la Unión Europea, un portal a través del cual puede presentar una queja ante un proveedor de resolución alternativa de litigios registrado con el fin de resolver el litigio.

25. GENERAL

• 25.1 Impuestos aplicables: Como usuario de los Servicios de Universe, usted acepta que es el único responsable de determinar sus requisitos locales de declaración de impuestos en consulta con sus asesores fiscales. Universe no puede ofrecer ni ofrece asesoramiento fiscal a ningún usuario. Además, tenga en cuenta que cada Organizador es responsable de determinar los impuestos indirectos locales y de incluir en los Eventos cualquier impuesto aplicable que deba recaudarse o cualquier obligación relacionada con los impuestos aplicables. Usted también es responsable de pagar cualquier impuesto gubernamental local o nacional que se aplique a su compra o uso de los Servicios de Universe, incluidos, entre otros, los impuestos sobre las ventas, el uso o el valor agregado (o su equivalente local). En la medida en que Universe esté obligado a recaudar dichos impuestos, el impuesto aplicable se añadirá a su cuenta de facturación y Universe emitirá un recibo a petición del Organizador, tal y como exige la ley.
• 25.2 Renuncia: Si Universe retrasa o no aplica alguna de las disposiciones de estos Términos y condiciones, ello no significará que Universe haya renunciado al derecho a hacerlo.
• 25.3 Cesión: Universe tendrá derecho a ceder sus derechos y obligaciones en virtud de los presentes Términos y Condiciones, siempre que ello no afecte negativamente a sus derechos.
• 25.4 Divisibilidad: Si un tribunal determina que alguna disposición de estos Términos y Condiciones es inválida o no puede aplicarse por cualquier motivo, ello no impedirá que las demás disposiciones sigan teniendo plena vigencia y operatividad por separado.
• 25.5 Ilegalidad: Si alguna disposición de estos Términos y condiciones es o llega a ser ilegal, inválida o inaplicable según la legislación de cualquier jurisdicción, ello no afectará ni perjudicará la legalidad, validez o aplicabilidad en dicha jurisdicción de cualquier otra disposición de estos Términos y Condiciones.
• 25.6 No asociación/agencia: Nada de lo contenido en estos Términos y Condiciones ni ninguna acción realizada por usted o Universe de conformidad con estos Términos y condiciones creará, ni se considerará que crea, una asociación, empresa conjunta o establece una relación de principal y agente o cualquier otra relación entre usted y Universe más allá de la relación creada en el presente documento.
• 25.7 Notificaciones: Las notificaciones enviadas en virtud de los presentes Términos y Condiciones se entregarán en el momento de su recepción y se considerarán recibidas en el momento de la entrega (si se entregan en mano, por correo certificado o por mensajería) o en el momento de la transmisión (si se envían por correo electrónico y no se recibe ningún mensaje de error en respuesta).
• 25.8 Legislación aplicable y jurisdicción: Estos Términos y Condiciones se regirán e interpretarán en todos los aspectos de conformidad con la legislación del país en el que se celebre el Evento para el que usted está comprando Boletos, sin tener en cuenta sus disposiciones sobre conflicto de leyes, y las partes acuerdan someterse a la jurisdicción no exclusiva de los tribunales de dicho país.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

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A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.

20. TERMINATION

• 20.1 Termination by Universe: Universe reserves the right to terminate your Account and/or cancel any of your Transactions and/or remove your Listing and/or prohibit you from using the Universe Services in the future if:
  • (a) any abusive or threatening behaviour is reported to Universe as being carried out by you or via your Account;
  • (b) Universe suspects any unauthorised use of your Account and/or the Universe Services;
  • (c) Universe suspects any fraudulent activity or other illegal activity relating to your Account;
  • (d) you otherwise breach these Terms and Conditions;
  • (e) Universe is ordered to do so by any local legal or regulatory authority;
  • (f) you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors (or similar other arrangement applicable in the country you reside), or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
  • (g) Universe provides you with 30 days’ written notice of termination, at Universe’s election.
• 20.2 Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@universe.com. If you are a Host, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Universe to refund Buyers, if using Universe Payments. Please note that if your Account is cancelled, Universe does not have an obligation to delete or return to you any User Content you have posted to the Universe Services.
• 20.3 Consequences of Termination: Termination of your Account shall not affect either your or Universe’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.

21. UNIVERSE SERVICE RULES

• 21.1 Rules: In connection with your use of the Universe Services, you may not and you agree that you will not:
  • (a) breach any local, state, provincial, national, or other law or regulation, or any order of a court;
  • (b) infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • (c) interfere with or damage the Universe Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • (d) use the Universe Services in connection with the distribution of unsolicited commercial emails ("spam") or advertisements unrelated to the Universe Services;
  • (e) "stalk" or harass any other User of the Universe Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Universe Services);
  • (f) submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorises drug use (including alcohol and cigarettes), characterises violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • (g) submit, or provide links to, any postings containing material that harasses, victimises, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • (h) register for more than one Account or register for an Account on behalf of an individual other than yourself, including any employee or representative of our company;
  • (i) recruit or otherwise solicit any Host or other User to join third party services or websites that are competitive to Universe, without Universe’s prior written approval;
  • (j) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • (k) use automated scripts to collect information or otherwise interact with the Universe Services;
  • (l) use the Universe Services to find a Host or Buyer and then complete the transaction independent of the Universe Services in order to circumvent the obligation to pay any fees related to Universe’s provision of the Listing;
  • (m) as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
  • (n) use, display, mirror or frame the Universe Services, or any individual element within the Universe Services, Universe’s name, any Universe trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Universe’s express written consent;
  • (o) access, tamper with, or use non-public areas of the Universe Services, Universe’s computer systems, or the technical delivery systems of Universe’s providers;
  • (p) attempt to probe, scan, or test the vulnerability of any Universe system or network or breach any security or authentication measures;
  • (q) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Universe or any of Universe’s providers or any other third party (including another User) to protect the Universe Services or any content thereon;
  • (r) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Universe Services;
  • (s) reproduce or scan Tickets in a format or medium different from that provided by the Website;
  • (t) use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
  • (u) advocate, encourage, or assist any third party in doing any of the foregoing.
• 21.2 Legal Action: Universe reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Universe Services. Universe may involve and cooperate with local law enforcement authorities in prosecuting Users who breach these Terms and Conditions, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Universe a sufficient remedy and that Universe may pursue injunctive or other relief for your violation of these Terms. If Universe determines that you have violated these Terms or any local or national law, or for any other reason or for no reason, Universe may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Universe Services or the Website. You will still be bound by your obligations under these Terms. You agree that Universe will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Universe will not be required to make the Website or your account or any related information available to you.

22. WARRANTIES AND INDEMNITIES

• 22.1 True Information: You represent and warrant that the information that you submit to Universe for your Account and in your use of the Universe Services is true, accurate and complete and you will not use false information, including name and email address, in using the Universe Services.
• 22.2 Legal Compliance: You represent and warrant that in using the Universe Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and these Terms and Conditions. You further warrant that you are aged 18 years or over and can enter into legally binding contracts.
• 22.3 Tax Indemnity: You agree that Universe is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Host). If in using the Universe Services you are trading as a business, you hereby indemnify and hold Universe harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Universe that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional national or international tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerning the tax status of Universe.
• 22.4 General Indemnity: You agree to indemnify and hold Universe and its parents and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of these Terms and Conditions (including any misuse of the Universe Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defence of any claim, and you will cooperate fully with us in asserting any available defences.

23. LIABILITY

• 23.1 Universe Disclaimer: Due to the nature of Universe’s business, and the fact that Universe cannot control Users’ acts or omissions, Universe makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Hosts.
• 23.2 Event Attendance: Under no circumstances shall Universe be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Universe’s negligence. Neither shall Universe be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
• 23.3 Universe’s Liability: You agree that you have no claim against Universe for the actions, whether negligent or intentional, of any other User of the Universe Services (whether Buyers or Hosts), and in relation to any Listing, Event or Transaction, other than where Universe is at fault. If a dispute arises between a Buyer and Host, you release Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, disclosed and undisclosed arising out of or in any way connected with such dispute.
• 23.4 Exclusion of Liability: To the fullest extent permitted by local, national or international law, Universe (and its affiliates, parent undertakings, subsidiaries and their respective officers, directors, employees, agents, legal representatives and sub-contractors) shall not be liable to you in contract or tort (including negligence) for any indirect, consequential losses or business losses such as loss of data, profits, revenue, goodwill, reputation, loss of enjoyment or opportunity, nor any exemplary, special or punitive damages which are not reasonably foreseeably, arising directly or indirectly from your access to and use of or inability to use the Universe Services. Nothing in these Terms and Conditions shall limit or exclude Universe’s liability for fraud or fraudulent misrepresentation or for death or personal injury arising as a result of Universe’s negligence or for any other liability that cannot be limited or excluded by local, national or international law. Nothing in these Terms and Conditions shall affect a User’s rights or remedies in relation to any applicable consumer laws that may be applicable.
• 23.5 Liability Cap: Without prejudice to the other provisions of this paragraph 23, if Universe is found to be liable, Universe’s liability to you (other than liability that cannot be limited or excluded by virtue of applicable local, national or international law) is limited in aggregate to the Transaction Value in relation to the Transaction giving rise to any such liability.
• 23.6 Force Majeure: Universe will not be liable to you for failure to perform any of its obligations in accordance with these Terms and Conditions to the extent that the failure is caused by reason of Force Majeure.

24. DISPUTE RESOLUTION

• 24.1 If any dispute arises out of these Terms and Conditions or any Transaction pursuant to these Terms and Conditions, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Universe as soon as possible.
• 24.2 Universe shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Universe.
• 24.3 In the unlikely event that we are unable to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation, a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the procedure of any local self-regulatory ticketing body, or if there is none then the UK STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral, which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into these Terms and Conditions.
• 24.4 The above does not restrict your statutory rights, your right to make a complaint to Trading Standards (or local equivalent) or another appropriate local or national regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.

25. GENERAL

• 25.1 Applicable Taxes: As a User of the Universe Services, you agree that you are solely responsible for determining your applicable local tax reporting requirements in consultation with your tax advisors. Universe cannot and does not offer tax-related advice to any Users. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any local or national governmental taxes imposed on your purchase from or use of the Universe Services, including, but not limited to, sales, use, or value-added taxes. (or local equivalent). To the extent Universe is required to collect such taxes, the applicable tax will be added to your billing account and Universe will issue a receipt on request from a Host as required by law.
• 25.2 Waiver: If Universe delays or fails to enforce any of the provisions of these Terms and Conditions, it shall not mean that Universe has waived the right to do so.
• 25.3 Assignment: Universe shall be entitled to assign its rights and obligations under these Terms and Conditions provided that your rights are not adversely affected.
• 25.4 Severability: If it is found by a court that any provision of these Terms and Conditions for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
• 25.5 Illegality: If any provision of these Terms and Conditions is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of these Terms and Conditions.
• 25.6 No Partnership/Agency: Nothing contained within these Terms and Conditions and no action taken by you or Universe in accordance with these Terms and Conditions shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Universe beyond the relationship created herein.
• 25.7 Notices: A notice provided under these Terms and Conditions shall be delivered upon receipt and shall be deemed to have been received at the time of delivery (if delivered by hand, registered post or courier) or at the time of transmission (if delivered by email and no error message is received in response).
• 25.8 Governing Law and Jurisdiction: These Terms and Conditions shall be governed by and construed in all respects in accordance with the law of the country where the Event for which you are Purchasing Tickets is taking place, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.

‍

A. Introduction and Key Terms

1. THESE TERMS AND CONDITIONS

• 1.1 Other than as set out below, you (“User”, “you”, “your”) are contracting with Universe Experiences, Inc. (“Universe”), whether you are using the Universe Services to purchase Tickets (“Buyer”) or sell Tickets (“Host”), unless you are advised otherwise by Universe. If you are purchasing or selling Tickets for an Event in one of the countries listed below, then you are contracting with the company listed next to the relevant country and “Universe” shall be taken to mean that company. You are considered to be based in the same country as your Event. If you are a Host and are not based in the same country as your Event, please contact support@universe.com.

• 1.2 Whether you are a Buyer or a Host, these Terms and Conditions govern your access to and use of the Universe Services.
• 1.3 Capitalised words in these Terms and Conditions shall have the special meaning attributed to them as set out in paragraph 19.
• 1.4 Please note:
  • (a) Universe provides an online platform to facilitate the sale and purchase of Tickets;
  • (b) Universe is not party to the agreement between a Buyer and Host for the sale and purchase of Tickets using the Universe Services.
  • (c) Universe does not own any Tickets or set the Sale Price;
  • (d) Universe does not routinely screen the content of any Listing or its suitability for individual Users;
  • (e) Universe does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Website at any time and for any reason;
  • (f) Universe does not confirm the identity or suitability of Users and Users interact with and contact one another at their own risk;
  • Therefore, Universe is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Host’s responsibility and Universe is unable to guarantee that Hosts will complete Transactions in every single case.

• 1.5 Legally Binding Agreement: These Terms and Conditions constitute a legally binding contract and you should read these, along with the Universe Terms of Use, Privacy Policy and Cookie Policy carefully before you use the Universe Services. By using the Universe Services, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.  If you don’t agree with these Terms and Conditions, or cannot comply with them, then you must not use the Universe Services.
• 1.6 Changes to the Terms and Conditions: We may make changes to these Terms and Conditions at any time. When we make such changes, we will post the updated version of the Terms and Conditions on the Website. We therefore recommend that you check the Terms and Conditions regularly to stay informed of the most up to date version. All purchases are subject to the applicable version of the Terms and Conditions that was published at the time of purchase. Your continued use of the Universe Services will constitute your acceptance of the new Terms and Conditions. If you do not agree with the Terms and Conditions or any revised versions, you must immediately stop using the Universe Services, including removing any Listings that you have posted.
• 1.7 Contacting Universe: If you have any questions or want any further information regarding these Terms and Conditions, please contact support@universe.com. You can also check out Universe’s FAQs. Please note that any questions or requests regarding cancellations, rescheduling or refunds should be directed to the Host via the contact details provided through the Listing.
• 1.8 Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
• 1.9 Your location and associated changes to these Terms and Conditions: Where any local, national or international law, rule or regulation would conflict with provisions of these Terms and Conditions or render any provision invalid, illegal or unenforceable, nothing in these Terms and Conditions purport to or will seek to prevent the application of such law. Any legal protections, rights or remedies applicable to you in your country of residence will continue to apply and take precedence over the provisions of these Terms and Conditions, and these Terms and Conditions do not in any way seek to relieve you of such protections, rights or remedies.

B. Registration, Your Account and User Content

2. REGISTRATION

• 2.1 Registration: In order to set up a Listing or buy Tickets using the Universe Services you must:
  • (a) be at least 18 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
  • (b) set up a password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your Account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
• 2.2 You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Universe Services using a Third-Party Social Media Site, you are giving Universe permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
• 2.3 If you are selling as a ‘trader’ (i.e. acting for the purposes of a trade, business, craft or profession) then we require you to provide potential buyers with a geographical address, telephone number and email address before any tickets are purchased. If this applies to you, you must register with us as a Business Seller so that these details will be included in the Listing.

3. YOUR ACCOUNT

• 3.1 Password: You are solely responsible for maintaining the security of your password and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your Account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another User's Account without that User's permission. You will immediately notify us in writing if you discover any unauthorised use of your Account or other account-related security breach. We may require you to change your username and/or password if we believe your Account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your Account or your username. We may refuse registration, cancel an Account or deny access to the Website for any reason.
• 3.2 Companies: If you are accepting these Terms and Conditions on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
• 3.3 Financial Checks: You permit Universe and/or a third-party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Universe may pass your Account and payment card details on to such third-party contractor to carry out such checks.
• 3.4 Privacy Policy: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Universe Account Information.
• 3.5 International: Your Account can be used to access and use the Universe Services on the Website and any international platform operated by Universe and/or to purchase tickets to Events taking place in various countries. However, please be aware that buying and selling Tickets for Events in such countries outside the European Union may be subject to a different or amended agreement, different laws, rules, regulations and a different Privacy Policy.

4. USER CONTENT

• 4.1 User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, pictures and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Universe Services in connection with the creation or booking of Listings.
• 4.2 User Content Warranties: In relation to your User Content, you represent and warrant that:
  • (a) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Universe Services and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use;
  • (b) you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Universe Services and these Terms and Conditions;
  • (c) Universe's use of your User Content as contemplated by these Terms and Conditions and the Universe Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
  • (d) your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
  • (e) Universe may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
  • (f) to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
• 4.3 User Content Licence Grant: By posting any User Content on the Universe Services, or providing User Content for Universe or an affiliated company of Universe to post on your behalf, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Universe and its affiliated companies a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Universe Services and Universe’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Universe Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Universe Services a non-exclusive licence to access your User Content through the Universe Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Universe Services and under these Terms and Conditions.
• 4.4 Universe and User Content: Universe takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Universe Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Universe shall not be liable for any damages you incur (or allege to incur) as a result of User Content.

C. Terms and Conditions – Listing and Selling Tickets

5. CREATING A LISTING

• 5.1 Listing Responsibility of Host: By creating a Listing using the Universe Services, Hosts are offering to sell or distribute, for the Sale Price, where applicable, Ticket(s) for Buyers to attend an Event. It is the Host’s responsibility to make any Event or Ticket restrictions clear to the Buyer and the Host is solely responsible for all the Listings that they post on the Website. Any changes to Listings, Events and Tickets must be made clear to Users and Buyers as soon as possible.
• 5.2 Listing Representation: A Listing is a legal representation made by the Host about the details relevant to the Ticket and Event.
• 5.3 Host’s Contact Information: Any Host registered as a Business Seller (see paragraph 2.3 above) is required to provide a geographical address, telephone number and email address to Buyers before they purchase any Ticket. Accordingly, these details must be included in the Listing.
• 5.4 Service Charge Preference: The Host can elect whether the Service Charge will be paid by the Host or by the Buyer (as a resupply from the Host to the Buyer).

• 5.5 Listing Description: The Host must provide all the Event information in the Listing, for example:
  • (a) the location of the Event;
  • (b) the name of the Event and performer(s) (if relevant);
  • (c) the date of the Event;
  • (d) the name and address of the Venue;
  • (e) the type of Ticket (e.g. seated, standing, timed entry, etc.);
  • (f) the Sale Price of each Ticket;
  • (g) a seat map of the Event;
  • (h) whether or not the Service Charge is included in the Sale Price;
  • (i) the Universe Per Order Fee;
  • (j) confirmation that applicable taxes are included in the Transaction Value; whether or not a portion of the Sale Price will be donated to a particular cause or charity and the relevant associated details;
  • (k) the refund policy, if any;
  • (l) any additional information, special rules or requirements which apply to the Event and/or the Tickets (e.g., age restrictions, accessibility restrictions, restricted view, family section, alcohol restrictions, etc.);
  • (m) if applicable, information on how and when the Buyer will be informed about whether the Host has approved the Transaction or not (see paragraphs 6.2 and 14.5 below);
  • (n) any details about the Buyer that the Host will be collecting during the Transaction process and details as to how such data will be processed, including any Buyer User Data to be collected; and
  • (o) any other significant information relating to the Event and/or Ticket(s) that may reasonably affect a Buyer’s decision about whether to purchase or apply for a Ticket or not, including any information required by law.
• 5.6 Compliance: When creating a Listing or when Universe notifies the Seller that a Listing has been created on their behalf, the Host must comply with all applicable local, national and international laws and regulations and these Terms and Conditions. Universe assumes no responsibility for a Host’s compliance with applicable laws, rules or regulations.
• 5.7 Host Warranties: The Host represents and warrants to and for the benefit of Universe, that any Listings that he/she creates:
  • (a) relate only to Tickets and Events over which that Host has control, either directly or indirectly, and for which the Host is permitted to sell or distribute Tickets;
  • (b) include accurate and transparent Ticket prices and information relating to all additional charges which will be incurred by Buyers;
  • (c) if booked, will be honoured, unless otherwise agreed with the Buyer;
  • (d) contains a seat map (if applicable) that is accurate and a true reflection of the venue where the Event is taking place;
  • (e) do not infringe any third-party rights (including intellectual property rights);
  • (f) are not being listed by the Host serving in the capacity of a broker, rental agent or listing agent for a third party;
  • (g) do not comprise of the same or substantially the same content as any other Listings on the Website and are not published on any other website;
  • (h) do not in any way contain fraudulent or inaccurate or misleading information;
    • Please note: selling stolen or counterfeit property is a crime and Universe will report such activity to the relevant local authorities and permanently ban anyone found selling stolen or counterfeit property from using the Universe Services.
  • (i) are not defamatory, abusive, threatening or obscene;
  • (j) are not unethical or discriminatory on the basis of age, gender, race, marital status, nationality or cultural, religious or personal beliefs, disability, sexual orientation, political opinion or otherwise;
  • (k) do not attempt to solicit any Users to use a third-party service that competes with the Universe Services;
  • (l) do not breach any applicable local, national or international law or regulation, including those associated with making charity donations;
  • (m) do not contain any virus or other programme that interferes with or seeks to interfere with any computer system or data;
  • (n) cannot be construed to be associated with any terrorist organisations; and
  • (o) do not contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

• 5.8 Applicable Taxes: The Host is responsible for ensuring that the Transaction Value includes all taxes required on Listings, including Value Added Tax (VAT) or other applicable local taxes. If in doubt, the Host should seek the advice of a tax expert to determine which taxes need to be collected from the Buyer. VAT-registered Hosts should contact support@universe.com.
• 5.9 Insurance: The Host is solely responsible for any insurance that may be required in relation to the Listing and the Event.

• 5.10 Event Cancellation, Rescheduling or Alteration: If an Event is cancelled, re-scheduled or altered in any way, this shall be the Host’s sole responsibility and the Host must communicate the necessary information clearly and promptly to Buyers. The Listing must be updated or removed by the Host and if it is not, Universe reserves the right to remove the Listing from the Universe Services.
• 5.11 No Universe Guarantee: Universe does not guarantee that Listings made via the Universe Services will be published and active within a certain time of the Host posting a Listing or that it will appear in a particular order in search results or that the Ticket(s) will sell. If a Ticket does not sell, Universe accepts no responsibility.

6. SALE OF TICKETS

• 6.1 Payment Processing Preferences: The Host can select one of two Payment Processing Methods when creating a Listing; Universe Payments or Stripe Payments, further details of which can be found at Payment Processing Preferences. Once the Payment Processing Method has been selected by the Host for a Listing, it can be changed at any time, however, any funds from existing Ticket sales will continue to be paid out via the Payment Processing Method set at the time of sale.
• 6.2 Approval Settings: Hosts may set a Listing so that Host approval is required for a Buyer to complete a Transaction. Such Listings must specify the timeframe within which approval or rejection of the Transaction must be provided by the Host. If the Host neither confirms nor rejects the Transaction within this time, it will be automatically cancelled.
• 6.3 Sale Contract and Order Confirmation: Following Host approval, if required, when a Buyer completes the sales process by entering their payment details and clicking on “pay now” for paid for Events or “register” for free Events, the parties shall become contractually bound to one another to complete the Transaction.
• 6.4 Failed Delivery: Order Confirmations are automatically generated and sent to the Buyer following the Buyer’s completion of the payment process. Any notification of a failed delivery that the Host receives from a Buyer must be dealt with by the Host as soon as possible and, in any event, in advance of the date of the relevant Event.
• 6.5 Disputed Events: If a Buyer disputes any element of an Event or a Transaction Value, such dispute shall be between the Buyer and the Host and Universe shall have no involvement.

7. UNIVERSE PAYMENTS

• 7.1 Universe Payments: Universe Payments is the default payment option which is available to Hosts and which requires no set-up by the Host.
• 7.2 Payment to Hosts: Provided that the Event has taken place, and no dispute has arisen in connection with the Transaction, and no refunds are payable to any Buyer under the applicable terms and conditions, Universe shall pay the Sale Price proceeds due to the Host from the Transaction, using the payment method selected by the Host, approximately 48 hours after the end of the Event.
• 7.3 Payment Details: Hosts are responsible for providing Universe with accurate bank account information associated with their Account and keeping this up to date at all times.
• 7.4 Account Balance: Hosts will be notified by email once funds are available for withdrawal. Universe shall process payments to the Host, following receipt of a withdrawal request, within a commercially reasonable time of such request.
• 7.5 Payments: In some circumstances, payment shall only be made if the amount due to the Host totals at least the Threshold Amount Unpaid amounts of less than the Threshold Amount will be carried over indefinitely until the amount accrued is the Threshold Amount or above. If Hosts wish to have their balance remitted in a given month in which the amount due to them is less than the Threshold Amount, the Host should contact Universe at support@universe.com with such requests.
• 7.6 Withholding Payment: Universe reserves the right to withhold payment to a Host or charge back to the Host’s account any amounts otherwise due to Universe, or any amounts due as a result of a breach of these Terms and Conditions, pending Universe’s reasonable investigation of such breach, in its sole discretion. Universe reserves the right to freeze any payments due to Hosts for up to 6 months if it, in its sole discretion, believes that charges may be disputed by Buyers or the Host, Event, Listing and/or Tickets appear to be fraudulent.
• 7.7 Disputed Payments: If a Host disputes any payment made or owed by Universe, the Host must notify Universe in writing within 30 days of any such payment being paid or becoming due. Failure to notify Universe within the required time frame shall result in a waiver by the Host of any claim relating to any such disputed payment.
• 7.8 Refunds: If a Host grants a Buyer a refund in accordance with these Terms and Conditions, but has insufficient funds in its Universe account to cover the refund amount, the Host will immediately add sufficient funds to its Universe account to enable Universe to pay the refund to the Buyer. Universe will not pay any refund unless and until there are sufficient funds in the Host's Universe account. The Host will be charged the Service Charge, which shall be retained by Universe.

8. STRIPE PAYMENTS

• 8.1 Stripe Payments: By setting up a Stripe Connect account via the Stripe website, Hosts can link their Account with Stripe to process payments for their Events using their own merchant account to manage their own payments.
• 8.2 Payments: Immediately upon a Transaction being completed by the Buyer, the total value of the Sale Price will be paid directly into the Host’s Stripe account and the Service Charge and the Universe Per Order Fee (where applicable) shall be paid directly to Universe.
• 8.3 Refunds: In the event that a Buyer requests a refund of the Transaction Value, this shall be granted at the sole discretion of the Host, in accordance with these Terms and Conditions. Universe shall have no liability to Buyers, and refunds shall be the Host’s sole responsibility.
• 8.4 Disputes: All queries and disputes which relate to Stripe Payments shall be governed by Stripe and the Host, with no recourse against Universe.

9. CHARGEBACKS

• 9.1 Chargebacks: Any credit card chargebacks or other transaction reversals initiated against Universe or its affiliates for any reason (except to the extent they are caused solely by Universe’s negligence or wilful misconduct) with respect to a Host’s Listing, and all related credit card association, payment processing and other fees and expenses incurred by Universe or its affiliates in connection with such chargebacks, shall ultimately be the responsibility of the Host and the Host agrees to promptly and fully reimburse Universe for such amounts on demand. Universe reserves the right to withhold at least 10% of a Host’s proceeds, in its sole discretion, to cover the cost of any such chargebacks that may arise. Universe shall have no liability to the Host in respect of any chargebacks initiated by a Buyer. Universe shall have no obligation to challenge any chargeback request and shall do so at its own discretion.

10. CANCELLED, RESCHEDULED AND POSTPONED EVENTS

• 10.1 Ticket Exchange and Cancellation: Tickets cannot be cancelled, exchanged or refunded after purchase, save in the circumstances set out at paragraphs 10.2, 10.3 and 10.4 below, or otherwise at the Host’s discretion.
• 10.2 Event Cancellation: if an Event is cancelled in full (and not rescheduled), the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge). If the Event takes place over more than one day, but not all days are cancelled, the Host will issue a proportionate refund to the Buyer in respect of the cancelled days.
• 10.3 Rescheduling: If an Event is postponed or rescheduled, any Tickets purchased will be valid for the rescheduled Event. The Buyer may also request a refund of the Sale Price if they are unable to attend the rescheduled Event, provided they request the refund from the Host within a reasonable period following notice of the new date(s) of the Event, and the Host will refund the Buyer the Sale Price of the Ticket (but not the Service Charge).
• 10.4 Material Alteration: if an Event is materially altered (meaning a change, other than a rescheduling, which makes the Event materially different from the Event as described in the Listing at the time of purchase), the Buyer may request a refund of the Sale Price, provided they request the refund from the Host within a reasonable period following notice of the material alteration. For the avoidance of doubt, the following are not material alterations: the use of understudies in theatre performances; adverse weather conditions; changes of any supporting act; changes to individual members of a band; changes to the line-up of any multi-performer event (such as a festival); curtailment of the event where the majority of an event is performed in full; and delays to the starting of the performance of an event.

11. USE AND COLLECTION OF DATA BY HOSTS

• 11.1 Universe gathers Universe Buyer Data as a Data Controller. Universe shall pass, or make available, to the Host via the Host Tools the Host Copy Data.
• 11.2 The Host is the Data Controller of the Host Copy Data from the point at which it is passed or made available to the Host.
• 11.3 Universe and the Host are separate and independent Data Controllers and each party is individually and separately responsible for complying with its obligations as a Data Controller under the Data Protection Legislation. In particular, each of Universe and the Host:
  
  • (a) is responsible for complying with all necessary transparency and lawfulness requirements under the Data Protection Legislation; and
  • (b) shall implement appropriate technical and organisational measures to protect Universe Buyer Data and Host Copy Data respectively from (i) accidental or unlawful destruction, and (ii) loss, alteration, or unauthorised disclosure of, or access to such data.

• 11.4 Data Processing: Where Universe processes Additional Buyer Data or processes any Host Copy Data on behalf of the Host via the Host Tools as a Data Processor, paragraphs 11.4 to 11.7 shall apply.
• 11.5 The scope of the processing carried out by Universe on behalf of the Host under paragraph 11.4 is as follows:
  
  • (a) scope: any processing of Additional Buyer Data and/or use of the Host Tools to process Host Copy Data;
  • (b) duration: the term of these Terms and Conditions;
  • (c) types of Personal Data: name, email, contact details; and
  • (d) categories of data subjects: Buyers of Host Listings.
• 11.6 In relation to Universe’s processing under paragraph 11.4, Universe shall:
  • (a) follow the Host's documented instructions for the processing of Additional Buyer Data and/or Host Copy Data. Any further instructions are subject to agreement by the Host and Universe;
  • (b) inform the Host if, in Universe's opinion, the Host’s instructions infringe the GDPR;
  • (c) ensure that persons to whom it provides access to such Additional Buyer Data and/or Host Copy Data are obliged to keep it confidential; put in place appropriate technical and organizational security measures to protect against the accidental or unlawful destruction, loss, alternation, unauthorised disclosure of, or access to, such Personal Data (a "personal data breach");
  • (d) inform the Host without undue delay if it becomes aware of a personal data breach;
  • (e) assist the Host to respond to requests from individuals to exercise their data subject rights under the GPDR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (f) assist the Host to meet its obligations under Articles 32 to 36 of the GDPR, to the extent such assistance relates to such Additional Buyer Data and/or Host Copy Data processed by Universe as a Data Processor;
  • (g) at the request of the Host, provide evidence of its compliance with paragraphs 11.4 to 11.7 inclusive and permit the Host to carry out a documentary audit of such compliance;
  • (h) not transfer any Additional Buyer Data and/or Host Copy Data to any country outside the European Economic Area unless it has a lawful basis for the transfer; and
  • (i) on termination or expiry of these Terms and Conditions, at the option of the Host, promptly return or delete such Additional Buyer Data and/or Host Copy Data, except where Universe is obliged to retain such Personal Data under applicable law.
• 11.7 To the extent that Universe requires authorisation to appoint sub-processors under the EU Data Protection Legislation, the Host grants Universe a general authorisation to engage with its current sub-processors to process such Additional Buyer Data and/or Host Copy Data. Access to such list of sub-processors shall be made available to the Host on request. If the Host objects to any change of the listed sub-processors on reasonable grounds relating to data protection, the Host may cease to use the Universe Services. Universe shall contract with its sub-processors on equivalent data protection terms to those contained in these Terms and Conditions and Universe shall remain liable for the acts and omissions of its sub-processors.
• 11.8 The Host indemnifies Universe against all costs, expenses (including legal expenses), damages, loss (including loss of business or loss of profits), liabilities, demands, claims actions or proceedings, which Universe may incur arising out of: (i) Universe's compliance with any instruction given by Host to Universe in relation to the processing of Personal Data (including instructions in connection with requests from individuals exercising their rights under EU Data Protection Legislation and any instructions to retain, disclose, amend or otherwise process such data); or (ii) any breach by Host of this paragraph 11 or paragraph 12.

12. HOST TOOLS

• 12.1 The Universe Services may include the provision of Host Tools that include any equipment or software (including software as a service). Where Universe provides the Host with access to Host Tools, the Host shall:
  • (a) comply with any special terms and conditions notified to Host in relation to any specific Host Tools;
  • (b) keep all logins and passwords secure and shall ensure they are not disclosed to any unauthorized person or any third party;
  • (c) have in place appropriate security processes and procedures relating to the use of Host Tools and the internet and that all authorized users are trained on such security processes and procedures;
  • (d) ensure that it has and makes available to Buyers a suitable privacy notice, where appropriate; and
  • (e) be solely responsible and liable for any activities conducted using Host Tools (whether by Universe on the Hosts behalf, or by the Host itself) and shall ensure that all such activities are conducted in accordance with all applicable laws and regulations and the Host shall be liable for and hereby indemnifies Universe from any losses incurred out of or in connection with any infringements of such laws and/or regulations.
• 12.2 In respect of Host Tools, and any materials produced using the Host Tools, the Host shall not (and shall not permit any third party to):
  • (a) delete, remove, change or otherwise alter any trade mark, copyright notice or other proprietary mark in such Host Tools or materials, or any copies, modifications or partial copies thereof;
  • (b) disassemble, reverse engineer, decompile, re-manufacture, repair, a derivative work from the Host Tools;
  • (c) sell, rent, transfer, grant, publish, disclose, display or otherwise make available the Host Tools, materials or any rights therein or copies thereof, to any person or entity; or
  • (d) hack or attempt to hack any Host Tools, the servers on which the Host Tools are hosted or any other portion of Universe’s network, or otherwise attempt to circumvent, or navigate outside, the borders of such Host Tools servers in any manner whatsoever.
• 12.3 The Host acknowledges that any use of Host Tools does not confer on Host any intellectual property or other rights in relation to the Host Tools.
• 12.4 The Host Tools are provided to Host on an “as-is” basis without any warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose or use with respect to the internet or use of information in connection with any Host Tools provided in this paragraph 12.4. The Host acknowledges that electronic communications and databases are subject to errors, hacking, crashes, tampering and break-ins. Whilst Universe agrees to take reasonable security precautions to avoid such occurrences, Universe does not guarantee or warrant that such occurrences will not take place.

13. ENFORCEMENT ACTION AGAINST HOSTS

• 13.1 Cancellation: Universe reserves the right to cancel a Listing and/or a Transaction and/or a Host’s Account in its sole discretion, for any reason and at any time.

D. Terms and Conditions – Buying Tickets

14. PRICE AND PAYMENT

• 14.1 Sale Price: The Host sets the Sale Price of the Ticket and can change the Sale Price at any time prior to a Transaction taking place.
• 14.2 Fees/Charges: When a Buyer selects one or more Tickets for purchase, any additional charges and/or fees associated with the Ticket and Transaction shall be made clear by the Host.
• 14.3 Check Your Order: As a Buyer, you must ensure that you have read the full Listing details and are happy with your Ticket selection prior to purchase. Universe will not rectify any issues that arise and Hosts will only do so in their sole discretion.
• 14.4 Payment Information: The Buyer warrants and represents that he or she is authorised to use the selected payment method and that the billing information provided is complete, up to date and accurate.
• 14.5 Approval Settings: Some Listings may require the Host’s approval prior to the Buyer being able to purchase Tickets. Such Listings shall specify the timeframes within which approval must be given by the Host. If no approval is granted within such timeframes, your order will be cancelled and payment will not be taken.
• 14.6 Order Confirmation: Upon Buyers completing their purchase, by entering their payment details, where necessary, and clicking on “pay now” for paid for Events or “register” for free Events, an Order Confirmation shall automatically be issued to the Buyer, which is the point at which the Buyer and Host enter into a binding agreement. The Order Confirmation will contain the Ticket with which the Buyer will be able to attend the Event. If the Order Confirmation is not received, it can be retrieved from the Account dashboard, along with the Ticket.
• 14.7 Payment: Once the Buyer receives the Order Confirmation, depending on which Payment Processing Method the Host has selected, the Buyer agrees that Universe or a third-party payment processor, acting on behalf of the Host, may debit the Transaction Value from the method of payment provided by the Buyer. Unless otherwise agreed by the Host, or where required by law, or the circumstances set out at paragraphs 10.2, 10.3 and 10.4 apply, no refunds or credits will be provided once the Buyer has been charged.
• 14.8 Other Ticket Terms and Conditions: All Tickets purchased by the Buyer are subject to the Ticket, Event and Venue terms and conditions, and all applicable laws and regulations, including any restrictions on reselling or transferring Tickets.
• 14.9 After-Sales Queries: If the Buyer has any questions or concerns following the purchase of a Ticket, the Buyer should contact the Host directly and should not contact or attempt to contact Universe.
• 14.10 Donations: Hosts may pledge to donate a portion of the Sale Price to a particular cause or charity. Universe does not control or accept any responsibility or liability for any donations pledged by the Host. Universe does not investigate or otherwise ensure the factual accuracy of any donation claims made by Hosts in Listings.
• 14.11 Foreign Currency: Universe provides a feature through which Users may view fees for various Listings in foreign currencies. Sale Prices listed in foreign currencies are for informational purposes only. You understand and agree that any such foreign currencies are not the official Sale Price and at the time you request a booking you will be notified of the currency in which you will be charged together with the corresponding Transaction Value. The value is payable in the currency specified at the time of checkout.

15. CANCELLATION AND REFUNDS

• 15.1 Cancellation: The cancellation and refund policy for a Ticket is set out at paragraph 10 above.
• 15.2 Refunds: If a Buyer wishes to request a refund in accordance with these Terms and Conditions, the Buyer must contact the Host using the contact details in the Listing. If the Host agrees that a refund is payable, the refund shall be issued by the Host within a commercially reasonable amount of time, typically within one week after a refund is agreed upon. Where a Host has selected to use Universe Payments, Universe will only issue refunds on the condition that the Host has provided the funds to enable it to do so. Service Charges, if applicable to the Buyer, may not be refundable (other than as may be legally required). The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions. In the event of a dispute between the Buyer and Host as to whether a refund is payable, paragraph 15.3 below shall apply.
• 15.3 Disputes: If any dispute arises between the Buyer and Host, including as to whether a refund is payable, the Buyer will contact the Host setting out the details of the dispute and the resolution they are seeking. The Host will have 48 hours to rebut such dispute, then: (i) if the Host does not rebut such dispute, a full refund of the Sale Price will be given to the Buyer by the Host; or (ii) if the Host does rebut such dispute, the two parties must contact one another to resolve the dispute and submit the confirmation of the resolution to Universe within 30 days. If no resolution has been reached by the Buyer and Host within 30 days of the Buyer’s initial contact, the Buyer or Host may contact Universe to request that it resolves the dispute, in which case Universe shall finally resolve the dispute in its sole and absolute discretion. Universe shall have no liability to either party in respect of its resolution of any dispute. It is the Host’s responsibility to provide proof that a Buyer was in attendance at an Event within 48 hours of a request from Universe.

16. ENFORCEMENT ACTION AGAINST BUYERS

• 16.1 Cancelling Transactions: Universe reserves the right to cancel a Buyer’s Transaction in any of the following circumstances if:
  • (a) Universe suspects any fraudulent, illegal or unethical activity relating to one or more Transactions; and/or
  • (b) Universe suspects any unauthorised use of a Buyer’s Account and/or of the Universe Services; and/or
  • (c) a breach of these Terms and Conditions occurs.

17. MERCHANDISE AND ADD-ONS

• 17.1 The Host shall be solely responsible for performing all fulfilment, redemption and delivery obligations, related to the fulfilment and delivery of any merchandise, products and/or additional services that are packaged or sold in connection with Tickets to any Event, and for all costs associated therewith. The Host shall indemnify and hold harmless Universe and Universe’s affiliates and licensees (and their respective officers, directors, employees, licensees, contractors, principals and agents) harmless from any and all claims, costs (including court costs and reasonable legal fees), obligations, losses and liabilities related to, or in connection with any such merchandise, products and/or additional services.

18. PRIVACY POLICY: Please refer to the Universe Privacy Policy and the Cookie Policy for more details on how we use and protect your Buyer User Data.

E. General Terms and Conditions

19. DEFINITIONS AND INTERPRETATION

• 19.1 In these Terms and Conditions:‍
• “Account” means the account set up by you to use the Universe Services.
• “Additional Buyer Data” means any data the Host instructs Universe to collect about the Host’s Buyers as part of a Listing, that is not also Universe Buyer Data.
• “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including, without limitation, the following legislation (“EU Data Protection Legislation”): (a) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation) (the "GDPR"); (b) the Directive on Privacy and Electronic Communications (2002/58/EC); and (c) any other applicable national privacy law made under or pursuant to (a) or (b); in each case as may be amended or superseded from time to time.
• “Data Controller” has the meaning given to it in EU Data Protection Legislation.
• “Data Processor” has the meaning given to it in EU Data Protection Legislation.
• “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Universe Services.
• “Feedback” means feedback, comments and suggestions for improvements to the Universe Services posted by Users.
• “Force Majeure” means any cause beyond Universe’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
• “Listing” means the Event and Ticket listing(s) created by a Host, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.

• “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Host is formed.
• “Payment Processing Method” means one of the two methods of payment processing, either Universe Payments or Stripe Payments, when selling Tickets using the Universe Services.
• Personal Data" has the meaning given to it in the EU Data Protection Legislation.
• “Sale Price” means the price at which Host offers a Ticket for sale, whether in GBP, EUR or other applicable currency, using the Universe Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Host other than the Service Charge and Universe Per Order Fee.
• “Host Copy Data” means a copy of that part of the Universe Buyer Data that Universe passes or makes available to the Host to the extent necessary for a Host’s Listing.
• “Host Tools” means any equipment and/or software and related services that Universe provides to Host as part of the Universe Services e.g., reporting, email management or data analytics.
• “Service Charge” means the non-refundable (other than as may be legally required) service charge payable to Universe for the provision of the Universe Services, which at the Host’s election may either be charged exclusively to the Host (in which case such amount will be collected by Universe prior to settlement of sales proceeds) or may be resupplied  to the Buyer by the Host (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value). The Service Charge is exclusive of any applicable taxes at the then-current rate. Applicable taxes are payable in addition.
• “Stripe Payments” means the integration of the Host’s own Stripe account to process payments made by a Buyer.
• “Third-Party Social Media Site” means third-party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
• “Threshold Amount” means £10 or its equivalent amount in the currency of the country in which you reside.
• “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
• “Transaction” means a transaction undertaken via the Universe Services where the Buyer agrees to buy and the Host agrees to sell one or more Tickets at the listed Sale Price(s).
• “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 14.2.
• “Universe Account Information” means the Personal Data you upload when registering your Account.
• “Universe Buyer Data” means the data collected by Universe from Buyers as part of their use of the Universe Services.
• “Universe Payments” means the default Payment Processing Method option through which the Transaction Value gets paid to Universe who will remit the Sale Price amount(s) to the Host.
• “Universe Per Order Fee” means, where applicable, the per order fee payable by Buyers to Universe where there are paid tickets and/or add-ons in a Transaction. Such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price and Service Charge as part of the total Transaction Value. The Universe Per Order Fee is inclusive of any applicable taxes at the then current rate. The Universe Per Order Fee is only refundable in the circumstances set out in paragraphs 10.2, 10.3 and 10.4 of these Terms and Conditions.
• “Universe Services” means all of Universe’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software or hardware provided and any related tools and services provided by Universe or an affiliated company of Universe.
• “Venue” means any site, facility or location where an Event is held.
• “Website” means any website run or provided by Universe, including any software application available for download to a smartphone which contains a modified version of the Website.