Terms of Service

Changes to the Terms or Services (06/15/2020)

Local Scenes reserves the right to modify these Terms from time to time (collectively, “Changes”). If we believe the Changes are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the “Updated” date at the top of this page; or (c) sending you an email or message about the Changes. Changes that are material will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you. Changes that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Changes. Your continued use of the Services following Changes constitutes your acceptance of those Changes and the updated Terms. Local Scenes strives to constantly evolve our products and services to better meet the needs of our members. Because of this, we cannot ALWAYS guarantee the availability of certain product features or functionality. Local Scenes reserves the right modify, replace or discontinue any part of the Services or the entire Service.

WHAT IS LOCAL SCENES

Local Scenes Service provides a simple and quick means for Vendors to create profiles, for products, services, jobs, resumes, tickets and other webpages related to their Store, promote those pages and services to visitors or browsers on the Service or elsewhere online, manage online or onsite management of products and service, ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to consumers or other users. Descriptions of other and more specific services can generally be found on the Site http://www.localscenes.org

Local Scenes is not the creator, organizer, promoter, lister or owner of the products listed on the Services. Rather, Local Scenes provides its Services, which allows Vendors to manage products, services, jobs, resumes, ticketing, registration and promotion of their events. The Vendor is solely responsible for ensuring that any page displaying a product on the Services (and the service itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the pages are delivered as described and in an accurate satisfactory manner. The Vendor of a paid service or product selects the payment processing method for its product as more fully described in the Terms Agreement. Consumers must use whatever payment processing method the Vendor selects. If the Vendor selects a payment processing method that uses a third party to process the payment, then neither Local Scenes nor any of its payment processing partners process the transaction but we transmit the Consumer’s payment details to the Organizer’s designated payment provider. If an vendor uses Local Scenes Payment Processing, Local Scenes also acts as the Organizer’s limited agent solely for the purpose of using our third-party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Vendor.

YOUR CONTENT

Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Permission to Use Your Content. By posting Your Content through our Services, you grant Local Scenes a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Local Scenes function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff. For example, you acknowledge and agree Local Scenes may offer you or Local Scenes buyers promotions on the Site, from time to time, that may relate to your listings

C. Rights You Grant Local Scenes. By posting Your Content, you grant Local Scenes a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Local Scenes, your Local Scenes shop, or the Services in general, in any formats and through any channels, including across any Local Scenes Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

Consider these examples: if you upload a photo of a listing on your Local Scenes shop, we have permission to display it to buyers, and we can resize it so it looks good to a buyer using our mobile app; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo of your latest handmade necklace, we can feature it on our homepage, in one of our blogs or even on a billboard to help promote your business and Local Scenes’s.

USING THE “SERVICES”

A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Sanctions Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Local Scenes, another Local Scenes user, or a third party.

B. Pay Your Bills. You are responsible for paying all fees that you owe to Local Scenes. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. For digital items sold to buyers in Australia, Belarus, the EU, Iceland, India, New Zealand, Norway, Russia, Serbia, South Africa, South Korea, Switzerland, Taiwan, Turkey, or United Arab Emirates, Local Scenes will help collect and remit the correct amount of value-added tax or VAT. Some countries may refer to VAT using other terms, e.g. Goods and Services Tax (GST), but we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT.” In addition, Local Scenes will calculate, collect, and remit sales tax where applicable. Please see this FAQ for more information. Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

C. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.

D. Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.

E. Follow Our Trademark Policy. The name “Local Scenes” and the other Local Scenes marks, phrases, logos, and designs that we use in connection with our Services, are trademarks, service marks, or trade dress of Local Scenes in the US and other countries.

F. Reporting Unauthorized Content. Local Scenes has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

G. Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we don’t want posted on Local Scenes’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy, Community Policy, or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive

H. Give Us Feedback! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Local Scenes (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

ACCOUNT SUSPENSION

Local Scenes may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Local Scenes; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Local Scenes to legal liability. Local Scenes may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Local Scenes’ sole discretion, failure to do so would materially prejudice you. You agree that Local Scenes will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.

We may terminate or suspend your account (and any related accounts) and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Local Scenes may refuse service to anyone, at any time, for any reason.

If you or Local Scenes terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Local Scenes reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

STORE LIABILITY

Warranties and Limitation of Liability (or the Things You Can’t Sue Us For)

Items You Purchase. You understand that Local Scenes does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Local Scenes cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Local Scenes from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Local Scenes is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.

Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Local Scenes is not a party to those agreements; they are solely between you and the third party.

RELEASE AND INDEMNIFICATION

This is where you agree to cover Local Scenes if you use the Service in a way that causes Local Scenes to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.

You hereby agree to release Local Scenes from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”

You agree to defend, indemnify and hold Local Scenes and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a “Claim”) relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Local Scenes’s collection and remission of taxes; and (e) if you are an Organizer, your events (including where Local Scenes has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Local Scenes’s gross negligence or willful misconduct. Local Scenes will provide notice to you of any such Claim, provided that the failure or delay by Local Scenes in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Local Scenes may choose to handle the Claim ourselves, in which case you agree to cooperate with Local Scenes in any way we request.

RISK

 Disclaimer of Warranties and Assumption of Risks by You

We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.

To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. Local Scenes expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Local Scenes makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.

You acknowledge that Local Scenes has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer’s personal information shared with Organizers in connection with events) or the ability of any User to perform or actually complete a transaction. Local Scenes has no responsibility to you for and hereby disclaims all liability arising from, the acts or omissions of any third parties that Local Scenes requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.

You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.

EVENT LIABILITY

License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or (b) create event registration, organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national, and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).

Restrictions on Your License. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence, and organization of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.

Limitation of Liability

To the extent permitted by applicable laws, or as otherwise set forth herein, Local Scenes and any person or entity associated with Local Scenes’ provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) (“Associated Parties”), will not be liable to you or any third party, for (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Local Scenes has been advised of the possibility of such damages); or (b) Your Content. In addition, other than the obligation of Local Scenes to pay out Event Registration Fees in certain circumstances to certain organizers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Local Scenes or Associated Parties is limited to the following:

(a) for Organizers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Local Scenes Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and

(b) for Organizers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, one hundred U.S. dollars (US $100).

Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.

IMPORTANT

IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

(a) Contact Us First.

If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.

(e) No Class Actions.

YOU AND Local Scenes 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, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.

COPYRIGHTS & TRADEMARKS

Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. Local Scenes may own the Site Content or portions of the Site Content may be made available to Local Scenes through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Local Scenes and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

Trademarks. The trademarks, service marks and logos of Local Scenes (the “Local Scenes Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Local Scenes. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Local Scenes Trademarks, the “Trademarks”). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Local Scenes specific for each such use. The Trademarks may not be used to disparage Local Scenes, any third party or Local Scenes’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Local Scenes approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Local Scenes Trademark will inure to Local Scenes’ benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Local Scenes and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.

Use of Sub-domains. Local Scenes may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].Local Scenes.com) for a given event. All such sub-domains are the sole property of Local Scenes and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Local Scenes provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Local Scenes terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

LICENSES & PERMITS

Licenses and Permits Organizers Must Obtain

If you are an Organizer, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that:

(a) You and your affiliates will obtain, prior to the start of ticket sales, all applicable licenses, permits, and authorizations (individually and collectively, “Licensure”) with respect to events hosted by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits;

(b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances;

(c) You will only request that Local Scenes offer tickets to an event after you have obtained any specific Licensures for such event, including, but not limited to, any state, county, municipal or other local authority’s authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potentially applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer to promote, produce, sponsor host and sell tickets for all events hosted by you or your affiliates on the Services

(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Local Scenes permitting you to access and use the Services, you hereby agree to release Local Scenes, and its affiliates and subsidiaries, and each of its and their respective parent companies, subsidiaries, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs, and expenses of every kind and nature, including, without limitation, attorneys’ fees, known and unknown, arising out of or in any way connected with your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure.

(e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold Local Scenes, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys’ and accounting fees) resulting from any Claim due to or arising out of your or your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site and promptly upon the reasonable request of Local Scenes from time to time.

FEES & REFUNDS

Fees and Refunds.

Fees That We Charge. Creating an account, listing an event and accessing the Services are free. However, we charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between Local Scenes and certain Organizers. Organizers ultimately determine whether these fees will be passed along to Consumers and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds. The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees, and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by Local Scenes to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by Local Scenes, but may in some cases include an element of profit and in some cases include an element of loss. Local Scenes does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges, and currency conversion rates.

Refunds. Because all transactions are between an Organizer and its respective attendees, Local Scenes asks that all Consumers contact the applicable Organizer of their event with any refund requests. You can find help with getting a refund here.

(a) If you are a Consumer, you acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Organizer has delivered, and will not use it (or any copy of it) to attend the event. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Local Scenes will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check the validity of tickets. Local Scenes will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

(b) If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. Local Scenes will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. Local Scenes will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

COMMUNITY GUIDELINES

 Your Account with Local Scenes

You agree to abide by the Local Scenes Community Guidelines whenever you use or access our Services. Please read these carefully, as they affect what types of content and conduct are permitted on and through the Local Scenes Services.

We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Local Scenes or user the Services, including the following:

• You must be at least 16 years of age, or the legal age of majority where you reside, to use the Services. If you are 13 or older, you may only use the Services under the supervision of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.

• You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the “Registration Data”). You also agree to update this Registration Data if it changes.

• If there is a dispute between two or more persons or entities as to account ownership, Local Scenes will be the sole arbiter of that dispute and Local Scenes’s decision (which may include termination or suspension of the account) will be final and binding on those parties.

• If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Local Scenes all permissions and licenses provided in these Terms.

• We may provide you the ability to implement certain permission within your account to third parties including, “sub-users,” “sub-accounts,” or other credentialed account users. If we do so, you agree that you are solely responsible for all activity that occurs under your account (including actions by sub-users), so you must maintain the confidentiality of your password and account details. You likewise agree that all rules applicable to your account will apply to all third parties to whom you grant access to your account.

• You agree to immediately notify Local Scenes of any unauthorized use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.

THIRD PARTY

Third-Party Websites; Linked Accounts; Third-Party Offers

The Services may provide, or Users may provide, links to other Internet websites or resources. Because Local Scenes has no control over such websites and resources, you acknowledge and agree that Local Scenes is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, offers, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Local Scenes partners or third-party service providers. For example, if you purchase ticket insurance on Local Scenes from a third party, your contractual relationship is with the third party ticket insurance provider, not Local Scenes.