January 2023
1.1 Relic Tickets’ (“Relic”) products, features and offerings are available
(a), (b), and (c) are collectively referred to as “Relic Properties” or our “Services.” These Terms apply to any Applications or Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by Relic in connection with the Services is the “Site Content” (or “Content”). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is “Your Content.”
1.2 When these Terms use the term “Organizer,” we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users,” “you” or “your.”
When these Terms use the term “Relic,” “we,” “us,” or “our,” that refers to Relic Tickets and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
1.3 If you are an Organizer, Consumer, or third party interacting with our Services, there may be other policies applicable to you through a separate agreement with Relic. Some, but not all, of the terms in those agreements are duplicated in these Terms of Service. Please be aware of additional terms and conditions displayed with certain Services that you may use from time to time as those will also be applicable to you. Further, by agreeing to these Terms of Service, you acknowledge you have read the Privacy Policy and Cookie Policy applicable to all Users. Finally, although we may sometimes provide you with services that are not described in these Terms of Service, or customized services, unless we have entered into a separate, signed agreement that expressly supersedes these Terms of Service, these Terms of Service will apply to those services as well.
1.4 These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Relic’s “Terms.” These Terms are a legally binding agreement between you and Relic governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, “you” and “your” will refer to that entity as well as yourself.
2.1 Our Services. Relic’s Services provide a simple and quick means for Organizers to create and organize events through the Relic Ticketing platform and link their point of sale through their site to manage online or onsite 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 of each of the Relic Properties.
2.2 Our Role. Relic is not the creator, organizer or owner of the events listed on the Services. Rather, Relic provides its Services, which allow Organizers to manage ticketing and registration and promote their events. The Organizer is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page are delivered as described and in an accurate satisfactory manner. Consumers must use the payment processing method available through the Services, which is administered by Relic. Because Organizers use the payment processing method provided by Relic, Relic 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 Organizer.
3.1 We know your personal information is important to you and it is important to Relic too. Information provided to Relic by Users or collected by Relic through Relic Properties, is governed by our Privacy Policy.
3.2 If you are an Organizer, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) consumers.
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. When either you or Relic decide to terminate the relationship as described in Sections 4.2 or 4.3 below, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Relic.
4.2 Relic may terminate your right to use the Services at any time
Relic 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 Relic’s sole discretion, failure to do so would materially prejudice you. You agree that Relic 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.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Relic, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Relic governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
You agree to cover Relic if you use the Service in a way that causes Relic 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.
6.1 Release. You hereby agree to release Relic 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.”
6.2 Indemnification. You agree to defend, indemnify and hold Relic 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:
Relic will provide notice to you of any such Claim, provided that the failure or delay by Relic 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, Relic may choose to handle the Claim ourselves, in which case you agree to cooperate with Relic in any way we request.
To the extent permitted by applicable laws, the Services are provided on an “as is” and “as available” basis. Relic 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, Relic makes no warranty that
You acknowledge that Relic 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. Relic has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Relic 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.
8.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Relic and any person or entity associated with Relic’s 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:
8.2 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.
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.
9.1 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.
9.2 Agreement to Arbitrate. In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated, or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state, or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 9 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth below.
9.2.1 Scope of Agreement. This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
9.2.2 Exceptions. Notwithstanding this Agreement to arbitrate, either party may (a) bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or (b) bring enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court in the U.S. Patent or Trademark Office to protect its Intellectual Property Rights (“Intellectual Property Rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).
9.2.3 No Class Actions. YOU AND RELIC 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.
9.2.4 Notice of Dispute. A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice to Relic must be addressed to the following address (“Notice Address”) and must be sent by certified mail: 136 4th N, St. Petersburg, FL 33701, Attn Legal.
9.2.5 Arbitration Proceedings. The arbitration will be governed by the Commercial Arbitration Rules, or, if the actions giving rise to the dispute or claim relate to your personal or household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Section 9, and will be administered by the AAA and settled by a single arbitrator. All issues in dispute between the parties are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Section 9.
9.2.6 Location of Arbitration Proceedings. If you are a Consumer, any arbitration hearings will take place (at your option) either in the county of your residence or by phone, except that is you are a Consumer whose residence is outside of the United States, the hearing will take place either in Tampa, Florida or by phone or videoconference, at your option and as permitted by the AAA Rules. If you are a business (i.e., your use of the Services were for commercial use), then unless Relic and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location in the United States for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, AAA will determine the location. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
9.2.7 Costs of Arbitration; Legal Fees.
(a) Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses imposed by AAA will be governed by the AAA rules. In the event that the arbitrator determines that all of the claims you assert in arbitration are frivolous according to Federal Rule of Civil Procedure 11, you agree to reimburse Relic for all such cost and expenses that Relic paid and that you would have been obligated to pay under the AAA rules.
(b) Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own attorneys’ fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party’s request, the arbitrator will award such prevailing party the reasonable attorneys’ fees and expenses that it incurred in connection with the arbitration. The arbitrator may make rulings and resolve disputes as to the reimbursement of attorneys’ fees and expenses upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
9.2.8 Opt Out. You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to [email protected], with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Relic also will not be bound by them.
9.3 Future Changes. Notwithstanding any provision in these Terms to the contrary, you and Relic agree that if Relic makes any future change to this Section 9 arbitration provision (other than a change to the Notice Address) Relic will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
9.4 Special Severability. In the event that any provisions of this Section 9 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 9 will be null and void with respect to such dispute or claim and Section 21 will apply in lieu of this Section 9.
10.1 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
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.
10.2 Restrictions on 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
10.3 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. Relic may own the Site Content or portions of the Site Content may be made available to Relic through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Relic 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.
10.4 Trademarks. The trademarks, service marks and logos of Relic (the “Relic Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Relic. 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 Relic 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 Relic specific for each such use. The Trademarks may not be used to disparage Relic, any third party or Relic’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 Relic approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Relic Trademark will inure to Relic’s benefit. Site Content may also be protected by copyrights owned by Relic and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
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 Relic 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 potential applicable authorization;
(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;
(e) 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 Relic from time to time; and
(d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to Relic permitting you to access and use the Services, you agree to release Relic, 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.
The Applications and Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Applications or Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Applications or Site(s).
13.1 Our Fees. 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 Relic and certain Organizers. Organizers ultimately determine whether the fees it is responsible for pursuant to an Organizer Agreement 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 Relic 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 Relic, but may in some cases include an element of profit and in some cases include an element of loss. Relic 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.
13.2 Ticket Sharing. In general, you are able to share tickets you purchased using the Relic app. This can be done any time before the event date. In some circumstances, you may need contact the Organizer of an event to arrange for ticket transfer. If you are unable to reach the Organizer, or the Organizer is unable to arrange a ticket transfer, please contact us.
13.3 Refunds. Because all transactions are between an Organizer and its respective attendees, Relic asks that all Consumers contact the applicable Organizer of their event with any refund requests. The decision about cancellation and refunds rests entirely with the Organizer and can therefore differ per event. If a Consumer receives a refund, Relic will refund the money to the account used to buy the tickets.
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 Relic or use the Services, including the following:
15.1 License. Relic does not make any claim to your Content. However, you are solely responsible for your Content. You hereby grant Relic a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on your Content, in whole or in part, in any media, for the purpose of operating the Services (including Relic’s promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with your Content. Notwithstanding the foregoing, Relic does not claim, and you do not transfer, any ownership rights in any of your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit your Content outside of the Services.
15.2 Representations About Your Content. You represent and warrant that you have all the rights, power, and authority necessary to grant the foregoing license, and that all your Content:
15.3 Additional Rules About Your Content. Your Content must be accurate and truthful. Relic reserves the right to remove your Content from the Services if Relic believes in its sole discretion that it violates these Terms or for any other reason. Relic may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Relic both on the Services and in marketing, advertising and promotional materials. We likewise may preserve your Content and account information and may also disclose your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You understand that the technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
16.1 Relic may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the “Email Tools”). If you use Email Tools, you represent and agree that:
(a) you have the right and authority to send emails to the addresses on your recipient list and such addresses were gathered in accordance with email marketing regulations in the recipient’s country of residence;
(b) your emails are not sent in violation of any privacy policy under which the recipient emails were gathered;
(c) you will use the Email Tools in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email, and including without limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and e-privacy directive;
(d) you will only use the Email Tools to advertise, promote and/or manage a bona fide event listed on the Services;
(e) your use of the Email Tools and the content of your emails complies these Terms;
(f) you will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with instructions to any Consumer sent to you by Relic requesting you modify such Consumer’s email preferences;
(h) you will provide an accessible and unconditional unsubscribe link for inclusion in every email where one is required, and you will not send any emails to any recipient who has unsubscribed from your mailing list.
16.2 If you violate any of these Email Tools rules or if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Relic may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Tools.
Notices to you may be sent via email or regular mail to the address in Relic’s records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Relic or deliver any notice, you can do so at [email protected] or Relic Tickets 136 4th N, St. Petersburg, FL 33701, Attn Legal.
Relic reserves the right to modify these Terms from time to time (collectively, “Modifications”). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following:
Modifications 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. Modifications 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 Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Relic may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of Relic. Relic is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Relic reserves the right modify, replace or discontinue any part of the Services or the entire Service.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Relic and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Relic on the subject matter hereof, other than any written agreement for Services between you and an authorized officer of Relic relating to a specified event or events.
These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live. Relic is based in Lakeland, Florida, and any legal action against Relic related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Tampa, Florida. Thus, for any actions not subject to arbitration, you and Relic agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Tampa, Florida.
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Relic has no control over such websites and resources, you acknowledge and agree that Relic 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 Relic partners or third party service providers. For example, if you purchase ticket insurance on Relic from a third party, your contractual relationship is with the third-party ticket insurance provider, not Relic.
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary and the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms. We may translate these Terms into other languages for your convenience. If there is a conflict between the English version and a translated version, the English version will control.