Privacy Policy
Effective August 5th 2019



Data we collect
During your use of our website, we collect personally identifiable information in order to properly provide you with our services. We collect the following information from you upon signup and purchase:

- Discord ID
- Discord username
- Discord profile picture
- Email connected to Discord account

Certain non personable identifiable information relating to your site usage is also collected automatically. This includes:

Time of access
IP address of session

How we use your data
Your personally identifiable information is used in order for us to provide you with our services. Your Discord information is collected so we can optionally add you to a Discord server upon purchase, and so we can display your identity to you upon login. This data also helps us analyze the usage of our site and keep track of our userbase. Some specific examples include:

- Creating a user account connected to your Discord account
- Sending you updates and notifications to your Discord account
- Adding you to a Discord server upon purchase or activation
- Responding to your specific inquiries and service requests

Third party disclosure
We will never share your personally identifiable, or non personally identifiable information with any third parties except:

When you have given your express consent
When we in good-faith judgment, determines it needs to provide your information to a third party to deliver services you requested
When disclosure is required by law, or to protect the rights, property, or personal safety of personnel, or members of the public
When ownership is transferred

Security and information protection
We maintain organizational, technical, and administrative measures designed to protect personal data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your Personal Data is only accessible to a limited number of personnel who need access to the information to perform their duties. We retain your personally identifiable data until our site terminates, or you request the destruction of your data. All payment processing is conducted via Stripe and we never have access to your payment data. We do not store your passwords, and encrypt all sensitive keys. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us immediately.

Your rights
As a user, you can exercise your individual rights in respect of your personal data. You may contact us to request the destruction, amendment, or review of the personally identifiable information stored in our site.

Cookies
Cookies are small text files placed on your computer, smartphone or other device and are commonly used on the internet. We use cookies and similar technologies to:

- Collect information about your browsing session
- Remember your login session
- Display the appropriate information to you
- Temporarily store any information or queries you input


Terms & Conditions
Effective August 5th 2019



TicketSmart provides a personalized subscription service that allows our members to access information ("TicketSmart content") discussed over the Internet to certain computers and other internet ready devices ("TicketSmart ready devices").

You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.

As used in these Terms of Use, "TicketSmart service", "our service" or "the service" means the personalized service provided by TicketSmart, including all features and functionalities, early links, information on retail websites, and user interfaces, as well as all content and software associated with our service.

YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH TicketSmart (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).


Membership
1.1. Your TicketSmart membership will continue month-to-month and automatically renew until terminated. To use the TicketSmart service you must have Internet access and a TicketSmart ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).

1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your TicketSmart membership by visiting our website and clicking on the "Account" link.


Free Trials
2.1. Your TicketSmart membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.

2.2. Free trial eligibility is determined by TicketSmart at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent TicketSmart membership to determine eligibility. For combinations with other offers, restrictions may apply.

2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.


Billing and Cancellation
3.1. Billing Cycle. The membership fee for the TicketSmart service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website at TicketSmart.com/dashboard and review your "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.

3.2. Payment Methods. To use the TicketSmart service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.

3.3. Cancellation. You can cancel your TicketSmart membership at any time, and you will continue to have access to the TicketSmart service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched TicketSmart content. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for TicketSmart using your account with a third party as a Payment Method and wish to cancel your TicketSmart membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the TicketSmart service through that third party. You may also find billing information about your TicketSmart membership by visiting your account with the applicable third party.

3.4. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


TicketSmart Service
4.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the TicketSmart service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.

4.2. The TicketSmart service and any content provided through our service are for your personal use and may not be shared with individuals beyond your household. During your TicketSmart membership, we grant you a limited, non-exclusive, non-transferable right to access the TicketSmart service and view TicketSmart content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.

4.3. You may not sell or transfer the account, and any actions to do so will terminate said account immediately. Upon this action, no refunds will be issued due to violation of this rule.

4.4. We have strict rules in accordance to language and abuse of our chat system. In the event of any such violation, a warning will be issued via Direct Message, and any repeated violation will result in the termination of membership. We ask that all members abide by treating others within the service with utmost respect, and any abusive chat will not be tolerated.

4.5. The TicketSmart service, including the content provided, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of TicketSmart content.

4.6. You agree to use the TicketSmart service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the TicketSmart service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the TicketSmart service; use any robot, spider, scraper or other automated means to access the TicketSmart service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the TicketSmart service; insert any code or product or manipulate the content of the TicketSmart service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the TicketSmart service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.

4.7. By using our service, you agree that the information we provide for acquiring products are at the sole discretion of the user to purchase. We do not make any type of claims to guarantee value of the items, or insure the user will acquire the item(s).


Passwords and Account Access
The member who created the TicketSmart account and whose Payment Method is charged (the "Account Owner") has access and control over the TicketSmart account and the TicketSmart ready devices that are used to access our service and is responsible for any activity that occurs through the TicketSmart account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the TicketSmart ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, or TicketSmart from identity theft or other fraudulent activity. TicketSmart is not obligated to credit or discount a membership for holds placed on the account by either a representative of TicketSmart or by the automated processes of TicketSmart.


Disclaimers of Warranties and Limitations on Liability
6.1. THE TicketSmart SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TicketSmart SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TicketSmart DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TicketSmart SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TicketSmart SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, TicketSmart READY DEVICES.

6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL TicketSmart, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

6.4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.


Arbitration Agreement
7.1. If you are a TicketSmart member in the United States (including its possessions and territories), you and TicketSmart agree that any dispute, claim or controversy arising out of or relating in any way to the TicketSmart service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and TicketSmart are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your TicketSmart membership.

7.2. If you elect to seek arbitration or file a small claim court action, you must first send to TicketSmart, by certified mail, a written Notice of your claim ("Notice"). The Notice to TicketSmart must be addressed to: General Counsel, Tranton Reselling Services, LLC., 324 S Beverly Drive, Beverly Hills, CA 90212 ("Notice Address"). If TicketSmart initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by TicketSmart, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If TicketSmart and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or TicketSmart may commence an arbitration proceeding or file a claim in small claims court.

7.3. If you are required to pay a filing fee for arbitration, after TicketSmart receives notice at the Notice Address that you have commenced arbitration, TicketSmart will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.

7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless TicketSmart and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.

7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of TicketSmart's last written settlement offer made before an arbitrator was selected (or if TicketSmart did not make a settlement offer before an arbitrator was selected), then TicketSmart will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

7.6. YOU AND TicketSmart AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and TicketSmart agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.


Miscellaneous
9.1. Feedback. TicketSmart is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires/surveys or through postings to the TicketSmart service, including the TicketSmart website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the TicketSmart service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.

9.2. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact a TicketSmart Admin in Billing and Membership services.

9.5. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

9.6. Changes to Terms of Use and Assignment. TicketSmart may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable TicketSmart service.

9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

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