Terms & Conditions of Use
Last Updated: March 11th, 2019
FestFriends (the “App,” “Platform,” “Website,” or “Site”), operated and operated by EST Entertainment LLC (the “Company,” “us,” “our,” or “we”), provides an online secondary marketplace (“Services”) that connects users to facilitate the purchase and sale of tickets to certain music festival events.
We reserve the right to investigate complaints and violations of these terms and to the extent permitted by applicable law, may take actions we deem appropriate: Violation of these Terms is subject, but not limited, to the following: (i) termination of user account and access to the site including present and future use; (ii) cancellation of all ticket orders and payments outstanding; (iii) additional fees; (iv) appropriate legal action.
We reserve the right to periodically make change to these Terms at any time, effective immediately upon posting on to the Site. We may notify you by posting a revised version on the Site itself, emailing you at your registered email address on file, or other forms of notice. Your continued use of our Site and Services will constitute acceptance of the revised Terms.
FestFriends Ticket Marketplace
FestFriends provides an online secondary marketplace that connects users to facilitate the purchase and sale of tickets to certain music festival events.
The seller places an ask, which is an offer to sell a ticket to a particular music festival at a specified price. The buyer places an ask, which is an offer to purchase a ticket to a certain music festival at an indicated price. When bids and asks are placed for a product at the same price, the FestFriends platform automatically and anonymously matches the users involves to complete the transaction.
In this capacity, FestFriends acts as an intermediary to match buyers and sellers, and is not directly involved in the actual ticket sale transaction between the individual parties. While our services include buy and sell functionality, the actual purchase contract is directly between the buyer and seller.
Although FestFriends may provide data relating to pricing history, we do not set, require, or recommend prices for the items listed on our platform. Prices are set by the individual ticket seller, agreed to by the individual ticket buyer, and may be below or above face value.
Authentication and Shipping
As part of our services, FestFriends authenticates each product that goes through the transaction process on our platform. The seller ships us the physical wristband ticket so that we can use the commercially reasonable resources at our disposal to confirm its authenticity. Once we do this, we ship the ticket to the buyer and release the funds to the seller.
If we cannot reasonably confirm that the wristband ticket is authentic, or determine that it is not authentic, we will notify both the buyer and seller, and provide options to the buyer. These options include attempting to find a replacement ticket if within our capacity, or issuing a full refund to the buyer, if it is not possible to find a replacement. FestFriends will always attempt, to the best of our ability, to deliver a valid ticket to the buyer in time for the start of a festival.
We reserve the right to reject any ticket item for any reason, including but not limited to: authenticity, damage of the wristband, container, or any of the other items within it.
FestFriends policy requires sellers to ship ticket items within the specified timeframe as per instructions in the emails sent out after the transaction is placed. However, because FestFriends cannot control the amount of time it takes for the ticket(s) to actually reach us, we cannot guarantee a specific delivery timeframe for any ticket items. Therefore, the buyer is not permitted to cancel the purchase if the ticket does not ship from the seller within the specified timeframe as per instructions.
Once we receive the item from the seller, it generally takes 1-2 business days for us to complete the authentication process of the ticket(s) and send it to the buyer. All deliveries are made via UPS couriers. A signature is required on all deliveries. Deliveries must be made to the address indicated on the original purchase. There can be no redirect on a delivery from FestFriends without prior faxed authorization and approval by a FestFriends team member.
In the event that it is no longer possible to ship a ticket to a buyer and reasonably ensure arrival in time due to the window of time until the start of a festival, travel dates, shipping times, or other factors, FestFriends will arrange for in-person pick up of tickets to buyers at a location close to the venue of the festival. The time and location for pick-up of these tickets will be announced and communicated with all buyers affected.
In order to view or browse the Platform, and to sell or purchase Tickets on the Platform, you must create an account using a valid email address and password or other account services such as Facebook, Google, etc. To list items or make offers for sale (“Ask”) or make offers for purchase (“Bid), you must have an account and valid credit card or other approved payment method on file. You agree that we may charge your credit card or other payment method for amounts you owe as specified in these terms, in addition to any costs or losses arising from your violation of these Terms.
By registering for an account with us, you agree to provide accurate information about yourself and must not register under a false name, age, or use an unauthorized payment method. If you use any of our Services, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer or other applicable devices, and you agree to accept responsibility for all activities that occur under your account or password. You are not allowed to transfer or assign your account to another individual.
We reserve the right to suspend or terminate your account in the event that you breach any of these Terms.
Additionally, if you reside in the United States, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by FestFriends so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
Fees and Other Charges
FestFriends may charge fees for selling and/or buying Tickets through our Site and/or otherwise using our Services, as well as delivery fees (collectively referred to as "Service Fees"), which are listed in our FAQ and may be updated from time to time. These Service Fees may vary depending on the event, ticket tier and type, and location of venue, transaction timing in relation to the event, etc. FestFriends may in its sole and absolute discretion change its Service Fees at any time. Any applicable Service Fees including any taxes if applicable will be disclosed to you prior to making an offer to buy or sell a Ticket.
If you as a Buyer change your postal address after you have purchased your Ticket(s) and require FestFriends to deliver your Ticket(s) to this new postal address, or if you have specified an incorrect postal address on your purchase, we may charge you for any additional delivery costs which arise out of re-arranging the delivery of your Ticket(s) to the new or correct postal address. Such additional delivery costs may be charged to your designated Payment Method used for the purchase.
We may collect amounts owed using a collection agency or other collection mechanism, and you may be charged fees associated with collecting the delinquent payments. FestFriends, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information FestFriends reported to a credit bureau, please contact FestFriends. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
Promotional and Discount Codes
FestFriends may occasionally provide coupon codes, comprised of a combination of letters and/or numbers, to be used for promotions or discounts for purchases on our Sites. These promotional or discount codes may be sent via email to our registered users, presented on our Sites and social media pages, or circulated at events and through other means and, unless otherwise provided are subject to the promotional or terms listed in our Discount Policy.
You as a seller are responsible and agree to determine, collect, pay, report and remit any and all local, state, or federal taxes that are due on your sales transaction(s). Any applicable taxes must be included in the Sales Price of your ticket through the Ask you place.
You agree to provide FestFriends with your Social Security Number or other Tax Identification Number if necessary for us to provide information to the relevant tax authorities related to payments you receive from us, and further authorize FestFriends to release that information to the relevant tax authorities. Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.
As a buyer you agree to pay any and all local, state, federal, or international taxes (including sales taxes) that may be due with respect to your purchase transaction(s). You agree that FestFriends, as the intermediary facilitator of the transaction, is not responsible for reporting, collecting, or paying any taxes on your behalf.
As a buyer, you are responsible for reading the complete listing before making a commitment to buy Tickets on our Platform. When placing a bid, you are entering into a binding contract with the Seller to purchase the specified tickets as soon as your bid matches with a seller’s ask. You also acknowledge that payment of the transaction price will be charged to the designated payment method on file immediately upon matching of your bid with a seller’s ask.
All Sales are final. Except for cancelled events or if we are unable to provide you with a valid ticket, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. To be an eligible buyer you must have a billing address and shipping address within the United States.
Generally, we place an authorization hold on the payment method selected when you place a bid, then capture the funds immediately upon matching with an ask. The authorization hold does not actually remove the funds from your account or place the money in our account, but simply places a hold on the funds for as long as the bid is active, until it is either cancelled and released back to you, or matched with an ask and released to us. Upon capturing the funds, we hold them in an escrow account, until we authenticate the transaction, at which time we release them to the seller. You will not receive any interest on the escrowed amount. You may be required to pay certain fees as described when placing your Bid, as updated from time to time.
If your payment fails or is rejected for any reason (e.g., purchase exceeds credit card limit, cancelled card, chargeback requested), FestFriends reserves the right to do any or all of the following, in its sole discretion: (i) charge the credit card an additional amount equal to 15% of the transaction amount or $20.00 USD for items below $100.00 USD, whichever is greater, as a service fee; (ii) remove any or all active Bids from the Platform; (iii) cancel any or all of your pending orders; (iv) withhold refunds or payments due; (v) place limits on buyer’s buying and selling privileges; (vi) charge buyer’s credit card for costs, expenses and fees incurred by FestFriends as a result of your action or inaction; and (vii) temporarily or permanently suspend your account.
All sales are final once the ticket is authenticated and delivered, and no refund requests will be honored at that time. If you experience a problem with a purchase or ticket, please contact us at email@example.com, and we will attempt to resolve your issue and provide a solution as quickly as possible. If there is a problem with a ticket you received, you must contact us in writing within 3 days of delivery with a detailed description.
By listing an item for sale (through the placing of an Ask), you are making a binding offer to sell that particular ticket to a buyer who purchases the item at the Ask price you have specified, and to ship the ticket in accordance with our FAQ and Festival/Product pages. When a buyer accepts your offer by purchasing your item through our Services, you are contractually and legally bound to deliver that exact item for the specified price. Sellers must ship ticket items via UPS within the specified timeframe provided in the sale confirmation email, and must obtain a receipt from the shipping carrier to verify shipment of item. FestFriends will provide you with a UPS shipping label, after your Ask is matched by a buyer and we have deemed it reasonable likely that you have received the ticket item from the festival operator.
You are obligated to monitor your inventory of tickets and ensure all listings and Asks you place are accurate. Once a Bid and Ask are matched, under no circumstances may the Seller cancel the listing, or cancel and place another Ask for the same tickets at a higher price.
If you fail to deliver tickets to FestFriends in accordance to these Terms and the Selling Policies, FestFriends reserves the right to do any or all of the following, in its sole discretion: (i) charge your credit card an additional amount equal to the greater of 40% of the transaction amount of $30 USD for items below $50 USD, as a service fee; (ii) remove any or all of your Bids and Asks from the Platform; (iii) cancel any or all of your pending orders through our Platform and Services; (iv) withhold any payments due to you; (v) place limits on your buying and selling privileges; (vi) charge your credit card for costs, expenses and fees incurred by FestFriends as a result of your action or inaction, including charging you for the cost of a replacement ticket, coupons and gift certificates provided to the buyer as a remedy, reprinting fees and rerouting charges imposed by carriers, and refunds to the buyer; and (vii) temporarily or permanently suspend your account.
As a seller, you are required to ensure that the item you are listing exactly matches the title and description on the Product page and Ask placed, and has not been activated. If FestFriends, or a buyer, reasonably determines that your item does not conform to that description (including, without limitation, being a different tier/type, having been already activated, or in any way different), or is counterfeit, then we will charge your credit card an amount equal to 50% of the transaction amount or $30.00 USD for items below $50.00 USD, whichever is greater, as a service fee, plus additional amounts or, as determined at FestFriend’s discretion, charging you for the cost of a replacement, coupons and gift certificates provided to the buyer as a remedy, reprinting fees and rerouting charges imposed by carriers, and refunds to the buyer. FestFriends has no obligation to return ticket items that do not conform to the description (including, without limitation, being a different tier/type, having been already activated, or in any way different), or are counterfeit (in which case, FestFriends may turn those items over to the proper authorities) at your cost.
FestFriends will pay you within thirty (30) days after the sale is complete, which occurs when the buyer receives the item. To get paid more quickly, ship us your items immediately after you receive your wristband ticket(s) from the festival operator and your ask has been matched. To see the fees applicable to sales transactions, please refer to the page where you place your Ask. You will also receive detailed fee information via email notification when an Ask goes live, is updated, or a sale occurs.
FestFriends does not guarantee that your tickets will sell or that your Ask will appear on the Site within a certain time after you place it. FestFriends will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage, maintenance, or listing delays.
Event Cancellations, Postponement, and Other Changes
If a festival event is cancelled and not rescheduled, we will remove the Festival event page and all product listings related to it from our Sites, and inform both the Buyer and Seller about the cancellation with further instructions. If the Seller requires the Ticket(s) back to obtain a refund of the original purchase price from the festival promoter or organizer, they must contact FestFriends Customer Service within 48 hours of the cancellation. The buyer is required to retain the Ticket(s), and upon request from FestFriends to send them back to either FestFriends or the Seller (as per FestFriends instructions). The Buyer will receive a full refund once the tickets have been sent back (when applicable), and the Seller will not be paid. If the Seller has already been paid, the payment for the sale may be recovered by charging the Seller's Payment Method stored on fille, or by offsetting this amount against pending payments for other Tickets the Seller has sold or will sell in the future.
If an event is postponed, FestFriends will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from reselling, invalidating or changing Tickets for postponed events. Refunds will not be issued for postponed events, unless they are ultimately cancelled as stated above.
FestFriends is not responsible for partial performances, venue, line-up or time changes. No refunds will be issued in these instances.
Payments received from Buyers for Tickets purchased via the Platform and Sites are processed by FestFriends or FestFriends Services (as applicable) on behalf of the Seller and credited to the Seller in accordance with the Selling Policies and Payment Services Terms (as applicable). Without prejudice or limitation to the Payment Services Terms, the Seller appoints the relevant FestFriends entity as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of the Seller. The Seller agrees that any payment made by the Buyer to FestFriends shall be considered the same as a payment made directly to the Seller, and the Seller will make the Tickets available to the Buyer in the agreed-upon manner as if the Seller had received the payment directly from the Buyer. Except as otherwise specified in the Buyer Protection Guarantee, Seller understands that FestFriends’ obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as otherwise specified in the Buyer Protection Guarantee, FestFriends guarantees payments to Seller only for such amounts that have been successfully received by FestFriends from Buyer. In accepting appointment as the limited payment collection agent of seller, FestFriends assumes no liability for any acts or omissions of the Seller.
Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods. A Buyer’s obligation to pay for a Ticket is satisfied when FestFriends or related FestFriends Services (as applicable) has received the Payment in full.
Fraud, Abuse, & Other Violations of Terms
FestFriends takes counterfeiting, fraud, and market manipulation of prices very seriously. If a seller provides a counterfeit item or attempts to defraud any buyer or FestFriends, we reserve the right to do any or all of the following, in our sole discretion: (i) remove any or all of seller’s listings from the Platform; (ii) cancel any or all of seller’s pending orders through the Platform; (iii) withhold any payments due to seller; (iv) place limits on seller’s buying and selling privileges; (v) charge seller’s credit card for costs, expenses and fees incurred by FestFriends as a result of seller’s action or inaction, including charging seller for the cost of replacement tickets, the value of coupons and gift certificates provided to the buyer to remedy the situation, reprinting fees and rerouting charges imposed by carriers, and refunds to the buyer; (vi) ship the item back to the seller at the seller’s cost; (vii) provide the counterfeit tickets to law enforcement, (viii) temporarily or permanently suspend seller’s account, and (ix) charge Seller’s credit card an additional amount equal to 50% of the transaction amount or $30.00 USD for items below $50.00 USD, whichever is greater, as a service fee. Seller hereby agrees that each of the foregoing remedies are reasonable and justified upon FestFriends' discovery of counterfeit items or fraudulent actions, even if those items or actions were not known by the Seller at the time to be counterfeit or fraudulent (e.g., negligent fraud). Seller understands and agrees that if we provide the counterfeit tickets to law enforcement, seller’s communications and any property claim with respect to that item must be solely with that law enforcement agency and not with FestFriends. We may also use fraud protection measures, including algorithms and automated systems to monitor for fraud, which might result in cancellation of listings and/or sales, or account suspension. If this occurs in error please contact us at firstname.lastname@example.org.
We may also require additional identification information from you if you engage in certain high-value transactions or high overall payment volumes through FestFriends.
If a buyer receives an item that they believe to be counterfeit, the buyer must notify FestFriends in writing within 2 days after receiving the item, and we will commence an investigation into the item. In the event that the Buyer discovers that the ticket item they received was counterfeit when attempting to gain access to the festival event, they must inform the FestFriends team that same day, and provide written, photographic, or video documentation that they were unable to gain access to the festival event with the specified wristband that was sent to them. The buyer shall cooperate with us in the investigation and final disposition of the item, including providing photographs and other evidence of the item, providing the item to law enforcement, or delivering the item back to us, at our direction. We will refund all fees and costs paid by the buyer for the item (including shipping and handling). In no event may a buyer resell any item (on FestFriends or elsewhere) that is reasonably believed to be counterfeit.
FestFriends may monitor the integrity of the Marketplace and Platform, and may take steps to protect the marketplace as determined by our sole discretion (e.g., if FestFriends believes a seller or buyer is engaging in market manipulation or fraud, including creating false or “dummy” accounts and/or Bids/Asks). If FestFriends believes that a seller or buyer attempts to interfere with the free and fair operation of the FestFriends Marketplace, or creates artificial, false or misleading information, or information appearing to mislead with respect to pricing or demand for a product on the FestFriends Marketplace (all of the foregoing in our sole discretion), then, without limiting any other rights of FestFriends, we reserve the right to do any or all of the following, in its sole discretion: (i) remove any or all of the user’s listings from the Services; (ii) cancel any or all of the user’s orders pending through the Services; (iii) withhold any payments due to the user; (iv) place limits on a user’s buying and selling privileges; (v) charge user’s credit card for costs, expenses and fees incurred by FestFriends as a result of the user’s actions; (vi) notify law enforcement of the fraudulent activity; (vii) temporarily or permanently suspend the user’s account, and (viii) charge the user’s credit card an additional service fee of up to $1,000 to cover FestFriends’ investigation fees and other related costs and expenses.
You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”) to us. By submitting User Content, you grant FestFriends a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant FestFriends the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify FestFriends for any and all claims resulting from your User Content. FestFriends has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and FestFriends will not be liable for its use or disclosure.
We may offer templated catalogues of stock images, product/festival descriptions and specifications, which may be provided by third-parties (including our users). You may use catalogue content solely in connection with your FestFriends Asks and Bids, during the time your listings are on our Site. While we attempt to provide reliable data, we cannot promise or guarantee that the information will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in the information. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your Asks and Bids).
If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to FestFriends, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that FestFriends may have something similar to the Ideas already under consideration or in the process of development.
You acknowledge and agree that (i) our patents, copyrights, trademarks, service marks, trade secrets and other intellectual property (collectively, “Intellectual Property”) are our sole property, and (ii) nothing in these Terms shall confer in you any right of ownership or license rights in our Intellectual Property. In addition, you shall not now or in the future contest the validity of our Intellectual Property. Without limiting the previous sentence, the Platform or Services, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of FestFriends or its licensors or suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content associated with the Services is the exclusive property of FestFriends and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content through our Platform and Services is strictly prohibited.
FestFriends grants you a personal, non-exclusive, non-transferable, revocable, limited license to use the Sites and the Services solely for your personal or internal use and subject to the condition that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in or access to the Sites, the Services, or any other content available via the Sites or the Services. All rights not expressly granted to you in these Terms are reserved and retained by FestFriends.
Mobile Device Access
If you are accessing the Site or Services through a mobile application (“App”), the following additional terms apply:
App Use: FestFriends grants you the right to use the App only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality available on the applicable FestFriends website.
Intellectual Property – Apps: FestFriends owns, or is the licensee to, all right, title, and interest in and to its Apps, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter FestFriends’ copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App.
Prohibited Countries Policy and Foreign Trade Regulation - Applications: The App or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the App, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
Device Specific Additional Terms - iOS Apple: These Mobile Device Terms are an agreement between you and FestFriends, and not with Apple. Apple is not responsible for the App and the content thereof. FestFriends grants you the right to use the App only on an iOS product that you own or control and as permitted by the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
Device Specific Additional Terms - Android Google: These Mobile Device Terms are an agreement between you and FestFriends, and not with Google. Google is not responsible for the App and the content thereof. FestFriends grants you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service.
Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App.
Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
Disclaimer of Warranties; Limitation of Liability
You and understand and agree that you are making use of our Platform and Services on an ‘as is’ and ‘as available’ basis. FestFriends makes no warranty with respect to its Software, Platform, Apps, Websites, any Tickets, any festival Event, any User Content or Posting, or that Buyers and Sellers will perform as promised. Accordingly, to the maximum extent permitted by applicable law and except as specifically provided in these terms and our Buyer Protect Guarantee, we disclaim all warranties, express or implied, of merchantability, fitness for a particular purpose, title, or non-infringement.
In addition, to the maximum extent permitted by law, FestFriends (inclusive of any of our service providers and licensors) is not liable for: (a) any special, indirect, or consequential damages; (b) loss of: profits, goodwill or reputation, or other intangible losses; (c) damages relating to: (i) your access to, use of, or inability to access or use the site or services; (ii) viruses or other malicious software obtained by accessing our site or Services or those of any Site, Services, or Tools linked to our Site or Services; (iii) any user content, posting, or content of third parties, or (iv) the duration or manner in which tickets you list appear on the site or services.
Regardless of the previous clauses, our liability to you or to any third party is limited to the greater of (a) the amount of fees in dispute not to exceed the total fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) $200.
FestFriends and/or our third party suppliers or licensors do not represent, warrant or covenant that the System and Services are or will be accurate, current, complete, free of technical and typographical errors, secure, reliable, or appropriate for any particular use to which you or any third party may choose to put them, that they are or will be available on an uninterrupted and error-free basis, that defects will be corrected, or that the System and Services are free of viruses or other disabling devices or harmful components. FestFriends periodically amends, changes, adds, deletes, updates, or alters the System and Services without notice. Further, FestFriends assumes no liability or responsibility for any errors or omissions in the content of the system or the services. FestFriends specifically disclaims any duty to update the content, or any other information on the System or Services.
Applicable Laws and Jurisdiction
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed according to the laws of the State of California. If you reside in the United States, you agree to resolve your disputes with FestFriends in the following section regarding Legal Disputes
You and FestFriends agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of the Terms or your use of, or access to, the Services, will be resolved in accordance with the provisions set forth in this Section. Please read this section carefully, as it affects your rights and will have a substantial impact on how claims you and FestFriends have against other are resolved.
You agree that, except to the extent inconsistent with the Federal Arbitration Act (“FAA”) or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and FestFriends. Legal notices shall be served to FestFriends’ national registered agent (in the case of FestFriends) or your email address on file with us (in your case). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address you have on file with us. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.
You and FestFriends each agree that any and all disputes or claims that have arisen or may arise between you and FestFriends relating in any way to or arising out of the Terms or your use of or access to the Services, shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matters remains in such court and advances only on an individual (non-class, non-representative) basis. The FAA governs the interpretation and enforcement of this Agreement to Arbitrate.
In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.
Prohibition of Class and Representative Actions and Non-Individualized Relief (the “Class Action Waiver”): You and FestFriends agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and FestFriends agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief award cannot affect other FestFriends users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and FestFriends’ right to appeal the court’s decisions. All other claims will be arbitrated.
Arbitration Procedures: Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should also apply the Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to the interpretation or enforceability of the Class Action Waiver will be resolved by a court of competent jurisdiction. Other than issues related to the Class Action Waiver, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s Supplementary Rules for Class Arbitrations will not apply. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration; rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under the Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). A Notice to FestFriends should be sent to 200 Spectrum Center Drive - Suite 300, Irvine CA 92618. FestFriends will send any Notice to you at the physical address we have on file associated with your FestFriends account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and FestFriends are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or FestFriends may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s website at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to FestFriends at the following address: 200 Spectrum Center Drive - Suite 300, Irvine CA 92618. In the event FestFriends initiates arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your FestFriends account. Any settlement offer made by you or FestFriends shall not be disclosed to the arbitrator.
The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or FestFriends may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and FestFriends subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or FestFriends may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of California, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different FestFriends users, but is bound by rulings in prior arbitrations involving the same FestFriends user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate.
Severability: With the exception of any of the provisions in the Class Action Waiver, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
Opt-Out Procedure: If you are a new user of our Services, you can choose to reject this Agreement to Arbitrate by notifying us in writing that you opt-out (“Opt-Out Notice”). Your Opt-Out Notice must be postmarked no later than 30 days after the date you accept the Terms for the first time. You must mail your Opt-Out Notice to:
FestFriends - 200 Spectrum Center Drive - Suite 300, Irvine CA 92618
Your Opt-Out Notice should state that you opt-out of this Agreement to Arbitrate and provide your name, address (including street number and address, city, state, and zip code), phone number and the email address(es) used to log in to the FestFriends account(s) to which the opt-out applies. You must sign and date the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other parts of the Terms will continue to apply. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Amendments to the Agreement to Arbitrate: Notwithstanding any provision in the User Agreement to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than a change to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding between you and FestFriends prior to the effective date of the change. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and FestFriends. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on http://www.FestFriends.app at least thirty (30) days before the effective date of the amendments and by sending notice via email to your email address on file with us. If you do not agree to the amended terms, you may close your account within the thirty (30) day period and you will not be bound by the amended terms.
Release and Indemnification
To the fullest extent permitted by law, you release and covenant not to sue FestFriends, its affiliated companies, and our and their respective officers, directors, agents, joint venturers, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users arising from any transactions placed on our Platform or Services. FestFriends is a marketplace for music festival tickets and consumer goods. You acknowledge that you are buying items from a third party, not FestFriends. While we may help facilitate the resolution of disputes, we have no control over and do not guarantee the accuracy, quality, safety, truth, or legality of User Content, listings, and/or items listed or sold.
In entering into this release you expressly waive any protections (whether statutory or otherwise – e.g., California Civil Code § 1542) that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.