Terms & Conditions of Service and Use of Website
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE AND USE OF WEBSITE CAREFULLY. IT IS A LEGALLY BINDING CONTRACT BETWEEN YOU and Sorteer Inc., a Delaware corporation, governing your use of the Website http://www.sorteer.com and the purchase by you of any Events listed on the Website.
Sorteer is a platform that allows Organizers of French-related Events to list their public Events, offer reservation to their free Events and/or sell their tickets to their pay Events.
Your use of the Website and any Events purchased by you or procured for you are subject to the terms and conditions of these Terms and Conditions of Service and Use of Website. BY USING THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO VIEW OR OTHERWISE USE THIS WEBSITE, AND YOU MAY NOT PARTICIPATE IN ANY OF ITS SERVICES OR PURCHASE ANY EVENTS FROM THE WEBSITE.
Sorteer reserves the right to change these terms and conditions at any time, without any notice to you. Changes to these terms and conditions will be posted on the Website at www.sorteer.com.
YOUR CONTINUED USE OF THE WEBSITE AFTER CHANGES HAVE BEEN MADE TO THESE TERMS AND CONDITIONS CONSTITUTES YOUR ACCEPTANCE OF, AND AGREEMENT TO BE LEGALLY BOUND BY, THE TERMS AND CONDITIONS, AS CHANGED, MODIFIED OR AMENDED.
“Company” or “Sorteer” means Sorteer Inc., a Delaware corporation and its subsidiaries.
“Event” or “Events” means a service offering provided by one of the Organizers, as listed on the Website.
“Guest” means a person who will be participating in the Event provided by the Organizer.
“Organizer” means a person or entity that provides an Event listed on the Website.
“Purchaser” or “Buyer” means the person who purchases the Event on the Website, whether for Purchaser’s own use, Purchaser’s use accompanied by Guests, or exclusively for the use of Purchaser’s Guests.
“Website” means the website operated by the Company and found at www.sorteer.com.
Registration and Account.
In order to purchase an Event or participate in any of the other services provided by the Website, you must create an account. To create an account, you must provide the information required on the registration page of the Website. To open an account, you must: (i) represent you are at least 18 years of age; (ii) provide true, complete and accurate current information about you as requested on the registration page; and (iii) update the information provided by you on the registration page in order to ensure that the information contained in your member registration is always true, complete and accurate.
If you provide information that is untrue, incomplete or inaccurate, or if Sorteer reasonably believes that the information is not current or no longer true, complete and accurate, Sorteer has the right to terminate or suspend your account. Sorteer reserves also the right to terminate or suspend any account that has been inactive or dormant for an extended period of time.
You will be required to provide your e-mail address and create a password to access your account. You are responsible for the safe keeping of your account information, and are liable for all activity in your account. You will promptly notify Sorteer of any unauthorized use of your account and/or other breach of security relating to your account. You agree to log out at the end of each session on the Website. Sorteer shall not be liable for any loss, liability or damage resulting from non-compliance with these provisions.
Links to Third Party Websites.
The Website may contain links to websites and other resources operated by third parties other than Sorteer. Any such links are provided solely as a convenience to you. Sorteer does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to any third-party websites on the Website does not imply our endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person.
Events have specific dates on which the Event will be organized. When you book an Event, you are booking a specific date and time. Events are limited to a certain number of Guests and may be subject to a minimum number of Guests. You will receive a specific Event confirmation with the related tickets to the Event, or a gift certificate if you purchase these tickets as a gift for someone else. Therefore, when purchasing an Event for Purchaser and/or Purchaser’s Guests, be certain that the date, time and nature of the Event are suitable prior to purchasing an Event. See Refund Policy; see also Rescheduling, Cancellation and Credits.
After purchasing an Event, Purchaser will receive an e-mail confirmation of the Event purchased. The confirmation shall set forth the name of the Organizer, date, time and location of the purchased Event. Additionally, the confirmation will contain the tickets under Purchaser’s name for each person attending the Event, with a unique number per ticket and a confirmation number of the purchased Event. Purchaser or one of Purchaser’s Guests must present the tickets to the Organizer at the date and time designated for the Event.
ALL PURCHASERS AND GUESTS MUST AGREE TO THESE TERMS OF SERVICE.
Payment for Events.
Sorteer uses Stripe or another independent third party to process payments for Events. All major credit cards are accepted. Sorteer charges processing or other fees in connection with the payment for an Event. Sorteer does not process your payment for an Event, but transfers you to a secure network provided by Stripe or another third-party processor through which all transactions are processed. Sorteer does not retain any of your credit card or other payment information: when you enter your credit card information on Sorteer, your payment information is securely transferred to and processed by Stripe or another third-party processor.
It is the responsibility of the Organizer to communicate its refund policy to Purchaser and to issue refunds to Purchasers, directly, via the Website or otherwise. If a Purchaser desires to request a refund, Purchaser must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Purchaser and Sorteer will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Events. All communications and disputes regarding chargebacks and refunds are between the Organizer and Purchaser and Sorteer will not be responsible or liable in any way for chargebacks in connection with a Purchaser’s use of the Services. If you are a Purchaser and you wish to request a refund in connection with an Event listed on www.sorteer.com, you should contact the applicable Organizer directly.
Organizer Terms and Conditions for Events.
Sorteer reviews with Organizers the Events listed by them, and encourages Organizers to be as complete as possible in the descriptions of the Events, including special terms and conditions applicable to each Event. Each Organizer is an independent contractor, and is not affiliated with Sorteer in any way. Sorteer makes no representations, warranties or guaranties about the Event or the Organizer.
Events may be subject to certain additional terms and conditions. You are encouraged to read listed Events carefully and make any necessary inquiries prior to purchasing an Event. Organizers may require that you sign liability and other waivers. Events may be subject to age, size, health, physical or mental ability or other requirements. Purchasers are responsible for ensuring compliance with all the conditions by each and every Guest participating in the Event. If Purchaser and/or Guest have any questions or concerns regarding special terms and conditions, Purchaser and/or Guest are expected to address them with Organizer prior to the Event.
Website Use and Conduct.
You agree not to use the Website, except to purchase Events or participate in the other services provided by Sorteer on the Website. All Events and other service descriptions, other text, graphics, documents, files, videos and other content (all of which are referred to below as the “Content”) are provided for informational purposes only, and are subject to change at any time. Sorteer does not and cannot warrant or verify that any Content represents the most current or accurate information on any topic.
You agree not to reproduce, duplicate, copy, sell, resell, use or exploit for any commercial purpose, the Website or any portion or Content thereof. You will access and use the Website for your personal use, however, you will not alter, remove or modify any Content provided on the Website, nor duplicate, publish, distribute, create derivative works from any content on the Website.
You acknowledge that as between you and Sorteer, all right, title and interest in and to the Website, including but not limited to, all Content; all intellectual property, including but not limited to any patent rights, copyrights, trademarks, trade names, service marks, inventions, business methods, trade secrets and know-how; the IP address and URL (collectively the “Intellectual Property”) belongs to, and is owned by Sorteer. You must not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content or Intellectual Property.
You must not display or reproduce any Intellectual Property other than with the prior written consent of Sorteer and/or third party owner. You must not remove or otherwise modify any trademark notices or other proprietary notices from any Content. Sorteer reserves the right to take legal action in the event of any infringement of its Intellectual Property rights, including in cases of criminal action.
You agree not to in any way damage or disrupt service, negatively affect the Website or in any way interfere with the Website and the use and enjoyment of the Website by any other person or entity. You will not e-mail, transmit or make available on the Website any content that is unlawful, harmful, threatening, abusive, harassing, libelous, obscene, vulgar, or hateful, whether racially, ethnically or sexually objectionable.
You will not harm minors in any way, impersonate any person or entity, or misrepresent yourself or your position or affiliation with any person or entity, including but not limited to Sorteer. You will not violate any applicable federal, state, local, national or international law, regulation or rule.
You understand that Sorteer may maintain, preserve, access and disclose any account information if, in good faith, Sorteer believes it is reasonably required to do so; (a) by law; (b) in connection with any legal, judicial, governmental or regulatory proceedings; (c) protect the Website, its account holders and users, its Organizers, and the public at large, and their respective rights; and (d) enforce these Terms and Conditions of Service and Use of the Website.
Rights In User Generated Content and Submissions Website.
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. If you do submit material, you automatically grant Sorteer and its licensees a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media throughout the world. You grant Sorteer and its licensees and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; that the content you supply does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such content is and will not be defamatory or libelous; and that you will indemnify Sorteer and its licensees for all claims resulting from content you supply. Sorter has the right but not the obligation to monitor and edit or remove any activity or content. Sorteer takes no responsibility and assumes no liability for any content shared by you or any third party through the Website.
THE WEBSITE, INCLUDING THE PURCHASE OF EVENTS, IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. SORTEER MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING: ANY IMPLIED WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-IFRINGEMENT; ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR BY ANY ORGANIZER OR OTHER CONTENT PROVIDER; OR FREEDOM FROM ANY COMPUTER VIRUS, MALWARE, BUGS, WORMS, TROJAN HORSES OR OTHER SOFTWARE PROBLEMS; AND THE COMPANY EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS OR WARRANTIES.
SORTEER MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OF THE DESCRIPTIONS OF EVENTS AS SET FORTH ON THE WEBSITE OR THAT ANY PURCHASER OR GUEST ATTENDING AN EVENT WILL ENJOY, OR BE SATISFIED WITH, THE EVENT.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SORTEER OR ANY OF ITS EMPLOYEES OR REPRESENTATIVES WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS OF SERVICE AND USE OF WEBSITE OR IN ANY WAY INCREASE THE SCOPE OF THE LIMITED WARRANTY GRANTED UNDER THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE, AND YOU AGREE THAT YOU WILL NOT RELY ON ANY SUCH ADVICE OR INFORMATION. TO THE EXTENT SORTEER MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
As a condition of using the WEBsite, you warrant to us that you will not use the WEBsite for any purpose that is unlawful or prohibited by these Terms AND CONDITIONS.
Assumption of Risks.
Purchaser acknowledges, understands and agrees that Purchaser and Purchaser’s Guests must evaluate each Event and any risk associated with it, and that Purchaser and Purchaser’s Guests bear all risks associated with participating in an Event. Purchaser acknowledges and agrees that Purchaser has read the complete description of the Event prior to purchase, conveyed all information regarding the Event to any Guests prior to their participation in the Event, and understands the risks associated with the Event. Purchaser and/or any Guests are voluntarily participating in the Event after considering the nature of the Event and any risks associated with it.
Limitation of Liability.
SORTEER, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSEES, ORGANIZERS, AND OTHER SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, COST, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, arising out of or in connection with the use of this WEBsite or any linked WEBsite including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, business relationships, unavailability or nonperformance of the Website, errors, omissions, viruses or malicious code.
WITHOUT LIMITING THE FOREGOING, NONE OF SORTEER, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, OR LICENSORS SHALL BE LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES, NEGLIGENCE OR MISCONDUCT OF ANY ORGANIZER, ITS EMPLOYEES OR AGENTS, OR OTHER SERVICE PROVIDER RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH ANY EVENT.
YOU HEREBY AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND SORTEER, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, LICENSEES ORGANIZERS AND OTHER SERVICE PROVIDERS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS FEES AND EXPENSES, MADE BY ANY THIRD PARTY DUE TO, ARISING OUT OF, OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ANY CONTENT YOU SUBMIT, POST OR TRANSMIT THROUGH THE WEBSITE, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE, OR PURCHASER’S CONDUCT (AND/OR THE CONDUCT OF GUESTS) IN CONNECTION WITH ANY EVENT.
If any provision of these Terms and Conditions of Service and Use of Website is held to be invalid, illegal or unenforceable by any court of competent jurisdiction, such provision or part thereof which is necessary to render the provision valid, legal and enforceable shall be severed from these Terms and Conditions of Service and Use of Website and remaining part of that provision and the other provisions of these Terms and Conditions of Service and Use of Website will remain in full force and effect. Any provision of these Terms and Conditions of Service and Use of Website held invalid or unenforceable only in part, will remain in full force and effect to the extent not held invalid or unenforceable.
These Terms and Conditions of Service and Use of Website shall be governed by, and construed in accordance with, the laws of the State of New York, applicable to agreements to be executed and fully performed therein.
You irrevocably consent to the exclusive jurisdiction of the Supreme Court of the State of New York, New York City (or, if you can obtain jurisdiction, then in the United States District Court for the Southern District of New York), and YOU WAIVE ANY OBJECTION TO VENUE IN SUCH COURT, FOR THE PURPOSE OF BRINGING ANY LEGAL ACTION IN LAW OR EQUITY, TO ENFORCE THE TERMS AND CONDITIONS OF THESE TERMS AND CONDITIONS OF SERVICE AND USE OF THE WEBSITE.
Nothing in these Terms and Conditions of Service and Use of Website, express or implied, is intended to or shall confer upon any person or entity, other than you and the parties enumerated herein and their respective successors, legal representatives and permitted assigns, any rights, benefits or remedies of any nature whatsoever under or by reason of these Terms and Conditions of Service and Use of Website, and no person shall be deemed a third party beneficiary under or by reason of these Terms and Conditions of Service and Use of Website.
Any provision of these Terms and Conditions of Service and Use of Website, which by its context is intended to apply after Purchaser and/or Guests attend an Event (e.g., indemnification) shall survive and continue in full force and effect.
All words used in these Terms and Conditions of Service and Use of Website will be construed to be of such gender or number as the circumstances require. Unless otherwise expressly provided, the word “including” does not limit the preceding words or terms.
The headings of sections of these Terms and Conditions of Service and Use of Website are provided for convenience only and will not affect its construction or interpretation.
Ref. bled20170205 – Feb 05th 2017