1. ABOUT US
1.2 We are a disclosed ticketing agent selling tickets via our the Services on behalf of promoters, organisers, managers, artists and venues of music, entertainment, sports and similar events (the “Event Partners”).
2.4 By using the App or Services, you agree that DICE and those acting on its behalf may send you text (SMS) messages at the cell phone number you provide to us. Message and data rates apply. You understand and agree that these messages may be sent using an automatic telephone dialing system, may be deemed marketing under applicable law, and that your agreement to receive text messages is not a condition of any purchase or service offered by us. You may opt-out of receiving text messages at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive texts along with the phone number of the mobile device receiving the messages. You may continue to receive text messages for a short period while we process your request, and you may also receive text messages confirming the receipt of your opt-out request.
3. GENERAL SERVICE DESCRIPTION
3.1 The Services enable you to acquire tickets for events, providing you with entry into venues and other establishments. We make available tickets on behalf of third party Event Partners who are not connected in any way with DICE. When you purchase a ticket you obtain a right to attend the event as granted by the Event Partner, as further described in our Purchase Terms. The third party Event Partners are responsible to you for the relevant events, and we are not liable for the event or any actions or inactions of the Event Partners or anything that occurs at any event as further described in Section 6 below.
3.3 The App will also provide you with gig, competition, product, and event recommendations based on your preferences, musical tastes, purchase history and what events people like you are going to. These recommendations will be shown to you via the Discovery page in the App. You can also buy tickets and products, or share event, music, or product recommendations with your friends on Facebook and other social media.
3.4 We may, from time to time, update the App and the Services to provide additional functionality or services to you, or to carry out any maintenance or upgrades to existing functionality, and we can do so without any notice or liability to you.
3.5 Tickets purchased through the Services will be subject to our Purchase Terms as well as any additional terms and conditions provided to you by the Event Partner(s) and the venue of the event, and you acknowledge and agree that we are not a party to such additional terms and conditions. Entry to an event will be in accordance with the rules and regulations of the Event Partner(s) and venue of the event.
4. PROPRIETARY RIGHTS AND LICENSES
4.1 As between you and DICE, all portions and components of the App and Services are owned solely by DICE. Without limiting the foregoing, the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the App and Services (“Materials”) provided by DICE are protected by intellectual property and other laws, and all Materials included in the App and Services are the property of DICE or its third party licensors. Further, the DICE trademarks, service marks, and logos (collectively, the “DICE Trademarks”) used and displayed on the App or Services are DICE’s registered and/or unregistered trademarks or service marks. Any other product and service names located on the App or Services may be trademarks or service marks owned by third parties (collectively with the DICE Trademarks, the “Trademarks”). Except as otherwise permitted by law, you may not use the Trademarks to disparage DICE or the applicable third party, DICE’s or a third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without DICE’s prior express written consent. All goodwill generated from the use of any DICE Trademark will inure solely to DICE’s benefit.
4.3 Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the App or Services; (b) make modifications to the App or Services; or (c) interfere with or circumvent any feature of the App or Services, including any security or access control mechanism. If you are prohibited under applicable law from using the App or Services, you may not use it.
4.4 If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the App or Services (“Feedback”), then you hereby grant DICE an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose without any restrictions, including to improve the App and/or Services and create other products and services.
5. USER CONTENT AND DMCA NOTIFICATION
5.1.“User Content” means any content that you post, submit or otherwise transmit (collectively, “Post”) to the App or Services, including, without limitation, text or blog comments and/or any other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws. For clarity, User Content excludes any Feedback.
5.3. If you Post User Content to the App or Services, then you hereby grant to DICE a worldwide, non-exclusive, transferable, and royalty-free right and license to host, store, transmit, reproduce, distribute, create derivative works from, publicly perform and display and otherwise use and exploit your User Content, in any media now known or later created, to provide, improve, advertise, promote and market the App or Services and DICE’s business.
5.6 We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the App or Services, you may contact our Designated Agent at the following address:
DICE FM LimitedATTN: Legal Department (Copyright Notification)98 De Beauvoir Road, London
N1 4EN, UK Email: email@example.com
Any notice alleging that materials hosted by or distributed through the App or Services infringes intellectual property rights must include the following information:
a.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b.a description of the copyrighted work or other intellectual property that you claim has been infringed;
c.a description of the material that you claim is infringing and where it is located on the App or Services;
d.your address, telephone number, and email address;
e.a statement by you that you have a good faith belief that the use of the materials on the App or Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f.a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
5.7DICE will promptly terminate the accounts of users that are determined by DICE, in its sole discretion, to be repeat infringers.
6. LIABILITY AND WARRANTY DISCLAIMERS
THE FOLLOWING TERMS IN THIS SECTION 6 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:
THE APP AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, DICE DISCLAIMS ALL WARRANTIES RELATING TO THE APP AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE (AND INCLUDING, WITHOUT LIMITATION, ANY OF THE FOREGOING APPLICABLE TO ANY PURCHASES MADE ON THE APP OR SERVICES).
IN NO EVENT WILL DICE OR ANY OF ITS AFFILIATES (“DICE PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO ANY PURCHASES MADE ON THE APP OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND THE AGGREGATE LIABILITY OF THE DICE PARTIES TO YOU IS LIMITED TO U.S. $100, EXCEPT AS OTHERWISE EXPRESSLY SPECIFIED IN THE PURCHASE TERMS.
ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE APP OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY EVENT PARTNER, VENUE HOST AND/OR EVENT ATTENDEE), IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE DICE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
7. PRESALES AND WAITING LISTS
7.1 Certain events will allow you to sign up to be notified via a SMS or push notification and reminded on the day when tickets are placed on sale. Tickets are sold on a first-come-first-sold basis and you must purchase the tickets in the same manner as any other transaction. You acknowledge that signing up to a presale notification does not guarantee you will successfully purchase a ticket.
7.2 Certain events which have sold out on the Services will allow you to sign up to join a waiting list so that if additional tickets become available via the Services, you may be given the opportunity to purchase a ticket via the Services. Users that have already purchased a ticket for a sold-out event may also be given the opportunity to offer their ticket for sale via the waiting list. Please see our Purchase Terms for further information and the applicable terms.
8. USER CONDUCT
8.3 In order to use the Services or App and Website, you must have a compatible mobile device, access to the Internet, mobile messaging and data services. Fees and charges may apply to your use of the Internet or mobile messaging services. You agree that you are responsible for any such fees or charges where these apply.
8.4 You also agree that you will not attempt to, or assist any third party in attempting to, do any of the following:
- interfere or attempt to interfere with the proper functioning of the App or the Services or disrupt the operations or breach the security of the App or the Services;
- use software, devices, or other manual or automated processes to "crawl" any page of our website, App or Services, including but not limited to any use of any scripts or web crawlers;
- Post any Objectionable Content on the App or Services; and
9. TERM, AND CLOSING OR TERMINATING YOUR ACCOUNT
10. THIRD-PARTY CONTENT AND SERVICES
10.2 When you access third party websites or applications from the App or Services you do so at your own risk. Any third party websites or applications are outside of our control, and we are not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or applications.
10.3 Sometimes DICE may request additional permissions related to the settings on your mobile device, such as accessing your location or enabling push notifications in order to carry out certain actions or allow you to enjoy certain features. If you choose not to give us the necessary permissions then you may not be able to access all the features and functions of the App.
11. DISPUTE RESOLUTION
11.4 A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). DICE’s address for Notice is: 3500 S. DuPont Highway, Dover, DE 19901, Attn: Chief Executive Officer. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DICE may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DICE must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor with a monetary award that exceeds the last written settlement amount offered by DICE prior to selection of an arbitrator, DICE will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DICE in settlement of the dispute prior to the arbitrator’s award; or (iii) $15,000.
11.6 YOU AND DICE 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 OR REPRESENTATIVE PROCEEDING. Further, unless both you and DICE agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12.1 If you have any complaint about the App or Services, you should contact our customer services department at the following email: firstname.lastname@example.org.
13. NOTICE REGARDING APPLE