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Terms and Conditions of Use
Terms & Conditions:
Terms of Service (Supplier, Seller of eTickets) Note: "Customer Terms of Service" immediately follows the proceeding "Terms of Service (Supplier, Selleters of eTickets)" In order to sell admission tickets for your venue through Zerod.com ("eticket"), you or the company, LLC, or corporation that you represent ("You" or "Your"), must agree to the following: I. RECITALS A. You agree to allow ZEROD.COM (or its designated affiliate or subsidiary) to sell your "etickets" via the Internet websites maintained and operated by ZEROD.COM. Customers purchasing Supplier’s tickets from ZEROD.COM’s website (“Customers”) will receive an “e-ticket” for admission to the tour or attraction operated by you or your company. B. You agree to allow Customers to redeem the ticket sold by ZEROD.COM for a period of 180 days from the date any such ticket is purchased. ZEROD.COM shall pay you for tickets purchased as outlined in this Agreement. C. ZEROD.COM does not provide Customer Service. You must provide Customer Service contact information to the Customer on your product(s) page on Zerod.com. D. ZEROD.COM does not provide refunds to Customers. Customers who would like to request a refund for “etickets” purchased on Zerod.com must contact the you directly. E. You may add, delete or edit your product information at any time. ZEROD.COM reserves the absolute right to delete or edit your product, account and ticketing information page at any time, for any reason and without notice. F. Product information submitted to Zerod.com by you will be “live” and open to the public immediately upon submission. Immediately upon submission, customers will be able to purchase your “eticket”. G. You must have an active PayPal account. You must provide ZEROD.COM with your current, functioning PayPal user email address. ZEROD.COM pays you via PayPal only. You will not be paid until such PayPal user email is provided to ZEROD.COM in your Zerod.com user account. II. PAYMENT TERMS AND LOGISTICS A. During the term of this Agreement, Customers who have directly purchased your "eticket(s)" from the ZEROD.COM website shall be entitled to redeem purchased tickets at a location established by you for admission to your business. B. ZEROD.COM shall pay you 96% of the total amount (Including sales tax) collected by ZEROD.COM for admission “etickets” sold to your venue and/or place of business. You agree that ZEROD.COM’s service commission of 4% is fully-earned by ZEROD.COM at the time of such sale, regardless of whether the purchased ticket is ever redeemed or if customer returns “eTicket” to you for refund. ZEROD.COM will pay you monthly by the 10th day of the following month. III. MISCELLANEOUS A. Term/Cancellation: 1. Throughout the duration of this Agreement, and for 180 days thereafter, you agree to honor and redeem “etickets” purchased by Customers as contemplated herein. 2. The term of the Agreement shall be for one year from the date that the you agree to this Terms of Service agreement. Agreement to this Terms of Service shall be signified by checking the box by the “Accept Terms & Conditions of Use” on the Zerod account creation page located online at “zerod.com/user/register” and shall continue thereafter unless terminated as outlined herein. 3. Either party may terminate this Agreement without cause for any reason without giving the other party any written notice. In such event, ZEROD.COM shall remain obligated to pay you for any tickets sold by ZEROD.COM prior to such termination; through and until the expiration date of such ticket, you shall continue to honor and redeem any outstanding tickets sold by ZEROD.COM prior to cancellation. 4. Use of Trade Name: You hereby grant ZEROD.COM permission to use your Trade Name, images, company logo or identifying marks provided to ZEROD.COM by you for promotion of the etickets to be sold hereunder and promotion of ZEROD.COM’s website (and for related uses), and agrees that the permission granted pursuant to this Agreement conveys no rights whatsoever other than the specific license hereby provided. 5. Agency: The parties agree that nothing in this Agreement makes either party an agent of the other party for any purpose whatsoever. 6. Indemnification: You expressly agree to indemnify ZEROD.COM, its agents, employees, parents, officers, subsidiaries, and affiliates (collectively, “Indemnitees”) from any and all claims for damage (whether couched in terms of negligence, breach of contract, tort, claim for sales and/or use taxes, intentional tort or otherwise) which claim is, in any way, based upon damages suffered, or sustained, or allegedly suffered or sustained, as a result of Supplier's operation or as may otherwise arise out of this Agreement. The parties expressly agree that the indemnification provided hereunder shall be liberally construed to provide Indemnitees with full indemnification, and all such indemnification shall include any and all damages, costs and attorney's fees of Indemnitees, or any of them. Such indemnification shall survive termination of this Agreement. 7. Customer Fraud: Zerod.com is not responsible for fraud due to customers actions or use. Fraudulant activities include, but are not limited to, duplication or copying of the eticket, submission to you for entry more than the entitled amount and selling/distribution of copied etickets. Zerod.com will not pay you for any etickets submitted to you for entry under fraudulant pretenses. It is up to you to monitor names, identification or what ever means and/or practices you use to prevent fraudulant activity. 8. Disputes: In the event of any dispute arising hereunder, the parties expressly agree as follows: (i) Neither party shall be considered the “drafter” of this Agreement, (ii) Any dispute hereunder shall be heard by a court without a jury and any right to a trial by jury is expressly waived, (iii) Venue shall lie solely in any jurisdiction of Monroe County (iv) Florida law shall apply, and (v) The prevailing party shall be entitled to the recovery of reasonable attorney fees from the non-prevailing party. 9. Disclaimers: You expressly authorize ZEROD.COM to include on ZEROD.COM's internet websites any disclaimers which, in ZEROD.COM's sole and absolute discretion, ZEROD.COM deems appropriate in conjunction with ZEROD.COM's sale of your etickets hereunder. 10. Supplier’s Promotional Material: You may include, on all of your promotional material and website, a moniker (the content and design of which shall be determined by ZEROD.COM in ZEROD.COM’s sole and absolute discretion) which informs the public of your participation in the program outlined herein. *************************************** Customer Terms of Service In order to purchase any admission tickets sold through Zerod.com ("eticket"), you or the company, LLC, or corporation that you represent ("You" or "Your"), must agree to the following: A. You understand that you are purchasing "eticket(s)" for admission entry to will receive an “e-ticket” for admission. B. You may use your purchased eticket for 180 days after the purchase date. After 180 days, the purchased eticket will expired and will be considered to have zero value. C. ZEROD.COM does not provide Customer Service. For questions related to the product or service that you purchased, you must contact the supplier directly. D. ZEROD.COM does not provide refunds to you. All sales are final. For questions or comments regarding usage, refunds, blackout dates, or any other matter regarding the product or service you have purchased, you must call the supplier directly. E. You may use the purchased "eticket" once. Once eticket is used, eticket is considered VOID and has no value. Additional uses of eTicket may result in additional charges. In addition, fraudulant use, including making copies of eticket, distribution of copied eticket(s) or multiple use of eticket other than the entitled amount, may result in criminal prosecution. G. Payment for etickets is by credit card only. Payment is processed through PayPal. PayPal is a third party payment and credit card processing service. For questions related to credit card and purchasing of an eticket through Zerod.com, you must contact PayPal directly. Zerod.com is not responsible for mistakes, errors, or ommissions during the payment process through PayPal. PayPal is considered to be a leader in credit card processing and claims to offer a secure purchasing environment, however, Zerod.com does not warrant such claims. Indemnification: You expressly agree to indemnify ZEROD.COM, its agents, employees, parents, officers, subsidiaries, and affiliates (collectively, “Indemnitees”) from any and all claims for damage (whether couched in terms of negligence, breach of contract, tort, claim for sales and/or use taxes, intentional tort or otherwise) which claim is, in any way, based upon damages suffered, or sustained, or allegedly suffered or sustained, as a result of Supplier's operation or as may otherwise arise out of this Agreement. The parties expressly agree that the indemnification provided hereunder shall be liberally construed to provide Indemnitees with full indemnification, and all such indemnification shall include any and all damages, costs and attorney's fees of Indemnitees, or any of them. Such indemnification shall survive termination of this Agreement. Disputes: In the event of any dispute arising hereunder, the parties expressly agree as follows: (i) Neither party shall be considered the “drafter” of this Agreement, (ii) Any dispute hereunder shall be heard by a court without a jury and any right to a trial by jury is expressly waived, (iii) Venue shall lie solely in any jurisdiction of Monroe County (iv) Florida law shall apply, and (v) The prevailing party shall be entitled to the recovery of reasonable attorney fees from the non-prevailing party.
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