Effective as of August 16th 2016
SECTION 1 – OUR PLATFORM AND SERVICES
1.1. The Service facilitates the realization of concerts and events through crowdfunding and other means by enabling users to “demand” concerts/events at venues suggested by users. Users can purchase tickets for concerts and events offered through the Service, which are confirmed once a sufficient number of WEDEMAND TICKETS are sold. The Service also allows users to communicate with other users.
In addition, artists, agents, promoters, and venues may sign up and use the “Backstage” features provided through the Service, which allows Backstage users access to tools and aggregate information about their fans who have demanded an event through the Service, the locations where fans have demanded an event, and maps that show locations of upcoming shows. Backstage users can also use the Service to communicate with their fans to promote existing events and to install WeDemand widgets on their Facebook pages and official websites.
1.3. Tickets. Users may use the Service to purchase WEDEMAND TICKETS and REGULAR ADMISSION TICKETS for concerts or events featured on the Service:
1.3.1. WEDEMAND TICKETS are sold by WeDemand through crowdfunding campaigns via the Service and have a fixed value determined at the time of purchase. WEDEMAND TICKETS are guaranteed only when a concert or event has raised enough funds through a crowdfunding campaign (i.e., when the minimum amount of WEDEMAND TICKET sales necessary to guarantee the concert or event is reached). If the minimum amount is not reached, the concert or event will not take place, and everyone who purchased a WEDEMAND TICKET will receive a full refund for the amount of the ticket purchased. Refunds will be issued to the same credit card used to purchase the ticket within 30 days from the date the crowdfunding campaign ends.
1.3.2. REGULAR ADMISSION TICKETS are sold by third party ticket sales websites after a crowdfunding campaign ends and upon confirmation of a concert or event organized by WeDemand. Users may purchase these tickets by clicking on the “Buy Now” button which redirects the users to a third party ticket sales website that will process the transaction. REGULAR ADMISSION TICKETS are not sold by WeDemand, and any procedures and transactions performed on these other websites are in accordance with their own terms and conditions and privacy policies. We strongly encourage you to review the terms and policies of these third party sites before making a purchase and using their services.
1.4.1. No additional fees will be charged by purchasing tickets through the Third Party’s website. However, we are not responsible for any changes to the payment procedures adopted by the Third Party, and WeDemand is not a party to nor is responsible for your dealings with the Third Party.
1.4.3. Users who purchase a REGULAR ADMISSION TICKET through a third party ticket sales website are subject to the other website’s terms and policies, and may be asked to provide their contact information and delivery (or mailing) information and be charged with applicable postage fees.
1.5. Users who purchase a WEDEMAND TICKET must wait to receive confirmation of the concert or event. Once confirmed, users will need to pick up their WEDEMAND TICKET at the box office and must bring a valid ID card. If the ticket will be picked up by someone other than the user who purchased the ticket (i.e., the holder of the credit card used to purchase the ticket), the purchaser must either (i) send an email to email@example.com, 24 hours prior to the concert or event, and provide the full name of the person who will pick up the ticket at the box office, or (ii) have the person you want to give the ticket to attend the concert with your ID or credit card used to buy the ticket in order to be able to pick it up.
1.6. Confirmation of Events; Cancellation and Postponement. By “demanding” an artist or a show, users help mobilize a “demand” for an event at a certain location. While the Service displays top cities that have demanded an artist or a show, there is no guarantee that a concert or event will be held at that location. When an event is guaranteed (i.e., once a minimum amount is raised through the sale of WEDEMAND TICKETS), that means that the artist has agreed to hold a concert or show at that location. An event is confirmed once the actual venue, and date and time of the event has been determined by the artist. In addition, even if an event has been confirmed, there may a cancellation, postponement or rescheduling of the event due to logistical issues or other factors.
WeDemand is not liable for any concert or event that is not confirmed or is otherwise cancelled. Users who purchased a REGULAR ADMISSION TICKET must seek reimbursement from the concert/event organizer. Users who purchased a WEDEMAND TICKET agree that their sole and exclusive remedy is to obtain a refund of the amount paid for a WEDEMAND TICKET.
SECTION 2 – USER ACCOUNTS
2.1.1. Your account is for your individual use only, and you may not authorize others to use your account for any purpose. In creating an account, you certify that all information you provide is complete and accurate. You agree to update your information when required or requested, and you further agree not to use another person’s account without permission. You are responsible for the accuracy and further update of your personal information.
2.1.2. You acknowledge that you may only have a single REGISTRATION at a time, and cannot create a new REGISTRATION, or cause the assignment/transfer of your REGISTRATION. In our sole discretion, we may refuse to grant you, and you may not use, an account or login and password that: (i) belongs to or is already being used by another user; (ii) may be construed as impersonating another person; (iii) violates the intellectual property or other rights of any person; (iv) resembles “Queremos” or “WeDemand”; (v) is offensive; (vi) contains personal data of a user, a URL, or email address; or (vii) we reject for any other reason.
2.2. Login and Password. You may access the Service by providing your login credentials (i.e., your login ID or username and password) for Facebook or other applicable Social Networking Site, whereby we will collect your login ID but not your password used for the Social Networking Site. If you do not choose to access the Service through a Social Networking Site, you will need to enter the email address and/or login credentials you used to register an account on our website at www.wedemand.com.
2.3. Password Recovery. If you have registered an account on www.wedemand.com and have forgotten your password, you may make a password recovery request by clicking on the “forgot your password” link on the login page of our website, or by sending an email to firstname.lastname@example.org and we will provide you with instructions on how to retrieve your password. If, on the other hand, you chose to access the QUEREMOS Platform and Services through a Social Networking Site and have forgotten your login credentials, you will need to follow the procedures set forth by the applicable Social Networking Site to recover this information.
2.4. Password Security. You are responsible for maintaining the confidentiality of, and restricting access to, your account and password, and you agree to accept sole responsibility for all activities that occur under your account or password. We will not be liable for any unauthorized use of such information by third parties, and you must take all necessary measures to maintain such information confidential. You agree to notify us immediately by sending an email to email@example.com and informing us of any breach of security or unauthorized use of your account, or any violation of this Agreement by others of which you are aware.
2.5. Additional Information/Procedures To Verify Users. We reserve the right to seek additional information from you to verify your identity, including by requesting copies of personal documents to ensure the accuracy of the personal data submitted by you. We may ask for additional information if we find any inconsistency in the information you have provided. In certain cases, we may suspend the services rendered, including the issuance of refunds under WEDEMAND TICKETS, pending the receipt of the requested documents, and will not be responsible for any liability or compensation due to this preventive measure. We may also temporarily block your access to the Service and undertake any other measures deemed necessary and appropriate.
2.6. Suspension or Termination of REGISTRATION. We may suspend or terminate your REGISTRATION (i) due to the non-usage of your account, defined as the absence of any access to it for a period of three (3) years; (ii) if you purchased tickets for the sole purpose of making a profit for yourself or for others; or (iii) as provided in Section 8 below.
SECTION 3 – USER CONTENT
3.1. User Content. Some areas of the Service may allow users to post or upload content, comments, images (including a personal photo that can be uploaded onto a user’s profile page and which may appear in the mosaic located on individual concert pages of our website), or other information. You acknowledge and agree that your communications with other users via chats, conferences, bulletin boards, blogs, posts and any other publicly accessible avenues of communication through the Service are public and not private communications. Therefore, we strongly encourage you to use caution before disclosing any personal information about yourself in your public communications. You are solely responsible for the content that you upload, publish, display, link to or otherwise make available or post via the Service (“User Content”). However, if so desired, you may at any time request the removal of your content from our website by sending an email to firstname.lastname@example.org.
3.2 License to User Content: By submitting, uploading, publishing, posting, linking to or otherwise making available User Content on or through the Service, you grant us and our business partners and affiliates a royalty-free, perpetual, irrevocable, world-wide, assignable and transferable right and license to use, re-post, reproduce, modify, distribute, and publicly display the User Content.
SECTION 4 – USER REPRESENTATIONS
4.1. By accessing or using the Service, you represent and agree: (i) you are over 18 years old and/or have the legal capacity to enter into this Agreement with us; (ii) you have installed and maintained up-to-date anti-virus and anti-spyware software on your computer and/or network; (iii) you will not use the Service for any illegal transactions; (iv) you will maintain the confidentiality of your account password; and (v) you have fully read and understood all the terms and conditions of this Agreement.
4.2. By purchasing a ticket, you represent and agree: (i) to pay the full amount for the ticket as displayed on our website or mobile application; and (ii) to comply with any conditions relating to the use or payment for the purchased ticket, including, but not limited to, any applicable expiration date, limitations on the number of tickets that can be purchased, and restrictions on the use of certain tickets (such as tickets offered to students and senior citizens, that require proof of identification upon their purchase and/or use).
4.3. By submitting, uploading, publishing, posting, linking to or otherwise making available User Content on or through the Service, you represent and warrant that: (i) none of us, our customers, licensees or business partners shall be required to make any payments with respect to your User Content, including but not limited to, payments to you or third parties; (ii) you have full right, power and authority to post User Content and have secured all third-party consents, licenses and permissions necessary to post User Content and grant to us the rights and licenses described below; and (iii) the User Content is not defamatory, does not infringe upon, misappropriate or violate the rights of any third party (including but not limited to, any intellectual property rights, rights of publicity or any other privacy or proprietary rights) and (iv) does not violate any law, rule, regulation or ordinance.
SECTION 5 - PROHIBITED USER CONDUCT
5.1. You agree that, while using the Service, you will NOT do any of the following prohibited activities:
(a) upload, post, reproduce, transmit, distribute or otherwise publish images, captions and any other content that depict, portray, or describe: (i) intimate human organs or limbs or animals; (ii) firearms, ammunition, cartridges, silencers and other accessories, as well as flamethrowers, poison gas, mustard gas, tear gas, products containing gunpowder and explosives; (iii) narcotics, drugs, and other controlled substances; (iv) prescription drugs and other medication; (v) any product sale or advertising through users’ images or postings; (vi) stolen properties or other items that have a criminal origin; (vii) cigarette and tobacco products; (viii) abuse or violence to animals of any kind; (ix) fireworks; (x) insecticides, pesticides, rodenticides and other poisons; and (xi) any other products prohibited by law;
(b) upload, post, reproduce, transmit, distribute or otherwise publish content that violates our or any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation copyrights and trademarks) or contract rights;
(c) upload, post, reproduce, transmit, distribute or otherwise publish content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), is invasive of another's privacy, or hateful, or solicits personal information from anyone under the age of 13 or exploits anyone in a sexual or violent manner;
(d) upload, post, reproduce, transmit, distribute or otherwise publish content that promotes violence and/or discrimination based on matters of race, sex, religion, nationality, sexual orientation or any other type;
(e) upload, post, reproduce, transmit, distribute or otherwise publish content that evidence lotteries, raffles and gambling;
(f) upload, post, reproduce, transmit, distribute or otherwise publish content or materials that contain a virus or other harmful component designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Service or any third party software, site, equipment or service;
(g) upload, post, reproduce, transmit, distribute or otherwise publish content related to advertising of any kind, company logos, or contains false or misleading indications of origin or statements of fact;
(h) abuse or harass any other user, member or person, including by posting content that slanders, defames or insults other users, or otherwise engage in conduct that restricts or inhibits any other user from using and enjoying the Service;
(i) engage in conduct that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;
(j) impersonate or misrepresent your affiliation with any other person or entity;
(k) engage in spamming or otherwise send unsolicited commercial communications, or interfere with or disrupt our website or the networks or services connected to the website in any other way, or engage in any activity which may compromise the stability or availability of the Service or any third party site or service;
(l) install or attempt to install or promote spyware, malware or other computer code, to enable you or others to download data from the Service or gather information about or monitor activities of other persons, or otherwise attempt to gain unauthorized access to other computer systems through our website;
(m) employ misleading email addresses or mobile numbers or falsify information in any part of any communication related to the Service;
(n) decompile, disassemble, modify, translate, adapt, reverse engineer, reproduce, distribute copies of, create derivative works from or sublicense the Service, or any portion thereof;
(o) circumvent any security measures or any payment collection methods employed on or through the Service, or access or use the Service after your account, this Agreement or your access has been terminated or suspended by us;
(p) engage in any deceptive or fraudulent conduct (such as using false names or misrepresenting identifying information, and making a fraudulent claim for reimbursement of a refundable WEDEMAND TICKET when the user purchased a REGULAR ADMISSION TICKET);
SECTION 6 - PRIVACY
SECTION 7 - DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY BY USERS
7.1. WeDemand is not the owner of tickets offered through the Service, does not keep possession of such tickets, and is not involved in the delivery of such tickets. WeDemand serves only as an intermediary between users and the organizers of the concert/event to facilitate the concerts and events offered via the Service. Therefore, WeDemand is not responsible or liable for (i) any lost profits or any other damage resulting from any revocation or cancellation of a ticket or concert/event; (ii) the quality, condition, integrity or validity of the tickets offered and purchased by users; (iii) any obligations, including tax obligations, assumed by users or the organizers of a concert or event; or (iv) any misrepresentations or inaccuracy of information provided by users.
7.1.2. In the event that a user has verified that tickets purchased through the Service were fraudulent, invalid, or unusable due to damage to their physical integrity, the user should report directly to the concert/event organizer and obtain a written record or a declaration of nullity of the ticket, or ask the concert/event organizer to stamp the ticket as unusable. If the user contacts us within seventy-two (72) hours from the date of the concert/event and provides a copy of such written documentation, we will use our best efforts to seek reimbursement for the amount of the ticket from the organizer of the concert/event.
7.2. THE SERVICE, INCLUDING THIS WEBSITE, IS PROVIDED ON AN “AS IS” BASIS. WE RESERVES THE RIGHT, FOR ANY REASON AND IN OUR SOLE DISCRETION, TO TERMINATE, CHANGE, SUSPEND OR DISCONTINUE THE SERVICE, OR ANY OF THE CONTENT, SERVICES, OR FEATURES PROVIDED. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES OF THE SERVICE, OR RESTRICT ACCESS TO PART OR ALL OF THE SERVICE WITHOUT NOTICE OR PENALTY. WE DO NOT PROMISE THAT THE SERVICE, INCLUDING ITS CONTENTS, WILL BE ERROR-FREE, RELIABLE, SECURE, UNINTERRUPTED, OR THAT ANY DEFECTS THEREIN WILL BE CORRECTED.
7.6. We shall not be held responsible or liable for any delay or failure in performance hereunder caused by acts of God (or natural disasters), terrorism, strikes, embargoes, fires, war, or any other cause beyond our reasonable control.
SECTION 8 – SUSPENSION OR TERMINATION
SECTION 10 - INTELLECTUAL PROPERTY
10.1. We own all software, content and materials (except for User Content or other third party materials) provided on the Service, and all related intellectual property rights. The commercial use of “WeDemand” and "Queremos" as a trademark, “doing business as”, company name or domain name, as well as the screen contents of QUEREMOS services available on QUEREMOS website and programs, databases, networks and files, which allow the USER to access and use its account, are the sole and exclusive property of QUEREMOS and are protected by international laws and treaties of copyright, trademarks, patents, and other laws protecting intellectual property and trade secrets. The misuse and total or partial reproduction of these contents are prohibited, unless expressly authorized by QUEREMOS.
SECTION 11 – LINKS TO THIRD PARTY WEBSITES
11.1. The Service, including this website, contains links to third-party websites that are not controlled by us or our affiliates. We do not make any representations and warranties, express or implied, regarding the content of any of these third-party websites. These links do not constitute or imply an endorsement, authorization or, sponsorship by or affiliation with us with respect to any third party, any third party’s website, the content of any third party’s website, or any products or services provided by a third party.
SECTION 12 - GENERAL PROVISIONS
12.1. Communications from WeDemand and third parties. You expressly agree to receive from us and/or any of our partners and affiliates communications, messages, and/or newsletters relating to our services, changes to our website or mobile application, marketing and/or advertising of products or services offered by us and/or our partners and affiliates, and any other information. If you do not want to receive such communications, you may request to stop receiving such communications by sending an email to email@example.com.
12.2. Updates to Our Services. In order to maintain and meet the latest market requirements and technological developments, we may change, both in form and in content, suspend or cancel, at its sole discretion, at any time, any services, products, tools, applications, or other features made available on our website or mobile application.
12.3. Assignment. This Agreement is personal to you and may not be transferred, assigned or delegated by you to any other person or entity. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. However, we may, without notice, transfer or assign the Service, in whole or in part, to any person or entity at any time.
12.5. Waiver. The failure of WeDemand to enforce any term or exercise any rights hereunder does not constitute a waiver of any such term or rights.
12.8. Third Party Beneficiaries. This Agreement is between you and WeDemand. There are no third party beneficiaries.