Brown Paper Tickets Event Organizer Terms of Usage and Agreement
Effective date: May 25, 2018
By creating an account and listing events on the Brown Paper Tickets website, you agree to the terms of usage described below.
Brown Paper Tickets is an independent company providing ticketing and registration services for Event Organizers. Brown Paper Tickets is not affiliated with any Event Organizers or others providing services or events for which tickets or registration is purchased. Brown Paper Tickets is solely acting as an intermediary between Event Organizer and ticket purchaser and/or the event attendee for specific events. Brown Paper Tickets assumes no liability incidental to the event for which tickets are sold or purchased.
- Event Organizer – For purposes of these Terms, if you use the Brown Paper Tickets system to create and list an event, you are an "Event Organizer". An Event Organizer is also sometimes referred to as a promoter, producer, ticket seller, venue representative, or other authorized agent(s) providing services or events and is hereinafter referred to as "Event Organizer".
- Authorized Seller - Event Organizer agrees they are authorized to sell tickets for events or services. Fraudulent representation by an Event Organizer, or of event(s), is a criminal offense, which voids this agreement and allows Brown Paper Tickets to provide full refunds to event attendees. Brown Paper Tickets will assist law enforcement in prosecuting any fraudulent use of Brown Paper Tickets services, and will legally seek any and all compensation for damages due to fraudulent representation.
- Data Security – Event Organizer will have access to attendee personal information. Event Organizer agrees to protect attendee personal information, and further agrees not to use the data in any way inconsistent with any local, state, federal, United Kingdom, European Union, or other data privacy laws or statutes with jurisdiction. Should Event Organizer sell tickets or registration to citizens protected by the General Data Protection Regulation (GDPR), Event Organizer agrees to respect and abide by the GDPR transparency, consent, accuracy, data deletion, and other requirements.
- Amendments – From time to time Brown Paper Tickets will need to amend these Terms, and Brown Paper Tickets reserves the right to do so at any time. If these Terms are modified in any way, the next time you log in to your Brown Paper Tickets account, you will be prompted to review the new Terms and you will be given the opportunity to review them before you list any subsequent events.
- Event Promotion and Advertising - This Agreement does not obligate Brown Paper Tickets to promote or advertise any event listed with Brown Paper Tickets. Event Organizer acknowledges and understands it is Event Organizer's sole responsibility to promote and/or advertise the event.
- Ticket and Registration Pricing - For most events, Brown Paper Tickets provides Event Organizer with ticket sales services with no initial fees or start-up charges, unless specifically agreed upon. Ticket and registration pricing is solely determined by Event Organizer. Event Organizer is exclusively responsible for all city, municipal, county, district, state and federal taxes.
- Ticket Purchaser Fees - Ticket purchasers will pay a service fee as defined on the Brown Paper Tickets Pricing Page.
- Ticket Availability and Venue Capacity - Event Organizer is responsible for setting the number of tickets available for purchase for each event. Event Organizer agrees that the number of attendees is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If more event attendees have tickets or are registered than the venue capacity allows, Event Organizer agrees the full ticket price, plus any and all Brown Paper Tickets services fees, will be refunded to ticket or registration purchasers who were not allowed entry. Event Organizer further agrees that Event Organizer will pay Brown Paper Tickets for the full ticket price and refunded service fees that are refunded due to over sale. Brown Paper Tickets reserves the right to withhold payment to Event Organizers for up to 90 days after an event ends for events where attendees were turned away due to over sales.
- Event Cancellation - Event Organizer agrees to notify Brown Paper Tickets immediately after the decision to cancel an event is made using the attendee notification tool on the Brown Paper Tickets system. Brown Paper Tickets reserves the right to issue full refunds to ticket and registration purchasers, including service fees, for the canceled event. Event Organizer agrees that if an event is canceled and full refunds are issued to ticket buyers, Event Organizer will pay Brown Paper Tickets for any and all service fees originally charged to the ticket buyer, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets. Fees will apply for physical tickets that need to be exchanged.
- Rescheduled Events - Event Organizer agrees refunds will be given to ticket and registration purchasers for rescheduled events at the purchaser's request. Should a ticket or registration purchaser request a refund due to a rescheduled event, Event Organizer agrees to pay Brown Paper Tickets for any and all service fees originally charged to the buyer, and costs, including but not limited to any and all credit card charge back fees related to refunding tickets due to rescheduled events.
- Change of Event Venue or Change of Event - Should the listed event venue change for any reason, Event Organizer agrees that refunds will be given to ticket and registration purchasers at the purchaser's request. Additionally, should there be a change in the event, Event Organizer agrees that refunds will be given at ticket or registration purchaser request. Should a ticket or registration purchaser request a refund due to an event venue change or event change, Event Organizer agrees to pay Brown Paper Tickets for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card chargeback fees related to refunding tickets due to a change in the event venue or the change in the event.
- Ticket Refund Policy - Event Organizer agrees that Brown Paper Tickets may refund the face value of event tickets or registrations purchased through Brown Paper Tickets until ticket sales for that event end. Event ticket sales are final after sales have ended.
Ticket Sales Processed into the Brown Paper Tickets Merchant Account.
Generally, Brown Paper Tickets will mail a check/cheque payment, via USPS in the U.S. or Canada, to Event Organizer within ten (10) business days after the event end date. However, Brown Paper Tickets cannot guarantee Event Organizer will receive the check within ten (10) business days due to sometimes inconsistent delivery times by the United States Postal Service. If Event Organizer has not received the check twelve (12) days after the check has been issued, Brown Paper Tickets will issue a replacement check upon Event Organizer request, and put a stop payment on the original check, at no charge to Event Organizer. If Event Organizer does not want to wait 12 days after the check has been issued to issue a replacement, Event Organizer can request a replacement check, but must pay a US$12.00 fee to stop-payment the original check.
Payments for event tickets purchased in Pounds Sterling (GBP £) or Euro (€) will be direct deposited into Event Organizer's bank account, generally ten to fifteen days after the event ends.
Should Event Organizer be delinquent in payment of any loans, costs, and/or fees to Brown Paper Tickets for any other or prior scheduled event or contractual agreement between Brown Paper Tickets and Event Organizer, Event Organizer agrees that Brown Paper Tickets may offset any such outstanding balances with funds from a current event prior to paying Event Organizer. Event Organizer agrees and understands that Brown Paper Tickets has the right to withhold any and all payments to Event Organizer for up to 90 days after the end of the event for any reason.
Ticket Sales Processed through Event Organizer's Credit Card Processor into their own Merchant or Other Account.
An Event Organizer may choose to process credit card purchases into their own merchant account, or through their PayPal account. In these cases, Event Organizers assume all responsibility for credit card processing charges and fees, as determined by their arrangement with company they utilize. Brown Paper Tickets will continue to provide all ticketing and registration services but for the actual credit card processing. The standard Brown Paper Tickets service fees will still be paid by the ticket or registration purchaser, but will be balanced out in the following manner:
Event Organizer Merchant Account: All ticket and registration service fees will be deposited directly in Event Organizer's merchant account. Brown Paper Tickets will invoice Event Organizer for the per ticket flat rate fee, plus 1% of the ticket face value fee. Event Organizer will keep the remaining 2.5% of the ticket or registration face value fee to offset their merchant account credit card processing fees. Event Organizer agrees to pay Brown Paper Tickets the agreed upon service fees within 30 days after the event ends. Interest will apply to delinquent balances at 12% annually. If payment of service fees is over 30-days delinquent, Brown Paper Tickets reserves the right to discontinue processing sales through the Event Organizer's merchant account and instead process their event sales through the Brown Paper Tickets merchant account.
PayPal Account: At the time of purchase, the full amount paid by the attendee, including fees, will be sent to the Event Organizer's PayPal account. Immediately following, PayPal will automatically send back to Brown Paper Tickets all of the per ticket flat rate fee, plus 1% of the ticket face value fee. Event Organizer will be left with the face value of purchase, plus the remaining 2.5% of the ticket face value fee in their Paypal account. Brown Paper Tickets will receive all of the per ticket flat rate fee, plus 1% of the ticket face value fee. Event Organizer will receive 2.5% of the ticket face value fee to offset any PayPal processing fees.
- Will Call Tickets - Event Organizer may offer will call tickets for events. However, even if Event Organizer is not offering will call tickets for an event, Event Organizer agrees to accept a limited number of will call tickets to individuals who for whatever reason either did not receive their tickets, or because they don't have access to their electronic or print at home tickets. Brown Paper Tickets will provide a list of such ticket purchasers to the Event Organizer prior to the event.
Indemnification and Hold Harmless
At its own expense, Event Organizer agrees, acknowledges, and understands it will indemnify and hold harmless Brown Paper Tickets, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter "actions"), brought against Brown Paper Tickets arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by Event Organizer, its officers, agents, employees or assigns. Event Organizer further agrees to defend Brown Paper Tickets in any litigation, including payment of any costs or attorney's fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.
The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of Brown Paper Tickets. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Event Organizer, its officers, agents, employees or assigns and (b) Brown Paper Tickets, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Event Organizer and that of its officers, agents, employees or assigns.
- Severability - If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.
- Limitation of Liability - Event Organizer understands and agrees that Brown Paper Tickets shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if Brown Paper Tickets has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will Brown Paper Tickets' total cumulative damages exceed US$100.00.
- Disclaimer of Warranties - Event Organizer understands and agrees that the Brown Paper Tickets ticketing service is provided on an "as is" and "as available" basis, and that Brown Paper Tickets assumes no responsibility for the timeliness, deletion, failure to store, or retention of any user communications or personalization settings. Brown Paper Tickets will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable control of Brown Paper Tickets.
- Ownership of Intellectual Property - Event Organizer agrees not to post material that Event Organizer does not have an ownership right of patent, copyright, and/or other intellectual property right to. Brown Paper Tickets reserves the right to remove any content from an event page or custom Event Organizer page that may infringe on the intellectual property rights of a third party.
If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.
Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by meditation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Seattle, Washington, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of Washington in the United States. For international disputes, discovery rules will be provided by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration. The arbitrator has the authority to award reasonable attorney and collections fees in addition to any other award.
Governing Law and Venue - The parties agree that any dispute will be governed by the laws and codes of the State of Washington, United States. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in the City of Seattle, State of Washington, United States and/or in the federal Western District of Washington at Seattle in the United States.
- Brown Paper Tickets abides by PCI-DSS requirements to protect credit card holder information.
- Entire Agreement - This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.