Terms of Service
Last Updated: January 28, 2021
Welcome to BookTix Live. The BookTix Live Website (“The Site”) is comprised of various web pages operated by BookTix Canada Ltd., aka, BookTix. THIS TICKETING and LIVESTREAMING SERVICES AGREEMENT (“Agreement”) is made by and between BookTix UK LTD, located at 1055 West Hastings Street, Suite 1700, Vancouver BC V6E 2E9 Canada (“Company,” “BookTix,” “We,” “Us,” or “Our” ), and You, a person, organization or other entity (a “Client,” or “You” or “Your” or “Event Organizer”).
THE PARTIES, INTENDING TO BE LEGALLY BOUND, HEREBY AGREE AS FOLLOWS:
1. OUR SERVICES AND OBLIGATIONS
BookTix Live provides Ticketing Services that enables You, the event organizer, to sell, tickets to your guest that allow them access to events, that are either held in person and or livestreamed on the BookTix Live Platform. In addition, You are granted the right to use Our service to accept donations provided that You are legally authorized to do so. BookTix Live also provides Livestreaming Services (“Live Services”) via a platform that enables You to livestream pre-recorded video or real time events being performed live to specified, authorized individuals on Our streaming platform. Upon proving legal authorization to stream, when required, from authors, publishers and rights holders, You will be granted the right to use the BookTix Live platform to stream Your event.
BookTix shall provide the following Ticketing Services and Livestreaming Services under this Agreement:
(i) list and display Your Event on Our Site, which is located at the following URL: BookTixLive.ca;
(ii) accept, process and manage online orders for traditional tickets and StreamPass tickets, collectively (“Tickets”) to Your Events, both in person at a designated venue and or livestreamed on the BookTix Live Platform,
(iii) process all online payments to said Event on Your behalf;
(iv) provide an accounting to You of Our Fees, and charges for each ticket sold, online or manually generated through the system;
(v) Upon proving legal authorization to stream from publishers and rights holders, You will be granted the right to use the BookTix Live platform to stream Your event. We will provide a platform that enables You to livestream pre-recorded video or real time, live events to specified, authorized individuals on the BookTix Live streaming platform; and
(vi) BookTix offers the following methods of streaming:
1. livestreaming through the use of compatible RTMP Streaming Software and mobile applications; and
2. livestreaming through the use of the BookTix Live Auto Stream tool, which allows You the ability to upload your MP4 videos to your media library and schedule a stream to automatically start at a fixed time.
2. YOUR OBLIGATIONS FOR USING BOOKTIX
By agreeing to these terms of service, and by submitting your Event information to BookTix Live to be listed and displayed on Our Sites, You are granting Us all the rights necessary to sell tickets on your behalf to your Event, and exclusive streaming rights for the Event content. It is Your responsibility to provide to Us:
(i) Proof of Licensing and Rights. A copy of the licensing rights; written permission from the Licensing Company (if applicable); or certify that you have the rights to livestream the event before an event is uploaded onto the Live Platform and/or any StreamPasses are created. The licensing agreement must give explicit permission to livestream a live event and/or a pre-recorded event. You are required to obtain any and all additional rights necessary for this event. By entering this agreement You give BookTix permission to reach out to the Licensing agent to obtain confirmation of streaming rights and in turn permission to send the Licensing house Box Office data about your Show.
(ii) Restrictions on Events. Any restrictions associated with said Event. This includes but is not limited to any licensing restrictions placed by the Licensing Company if applicable. When submitting Your Event to BookTix to be listed and displayed on Our Sites, it is Your responsibility to provide to Us any restrictions associated with said Event. Any Event that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics, aspects or requirements, must be clearly stated by You upon submission to Us. It is Your duty to ensure that any restriction placed on the event by You is lawful and does not violate any federal, state, or local laws, or any applicable foreign laws, prior to submitting the Event to Us. It is also Your responsibility to verify that all Patrons can be admitted to Your Event.
(iii) Permissions for Use of Personal Identifiable Information. It is your obligation to obtain all necessary permissions from individuals, or guardians of individuals who are minors, as required by federal, state or local laws who’s image, likeness or other personally identifiable information might be captured during the recording, filming and/or streaming of the Event on the Internet and other public spaces. This includes, but not limited to, all performers, cast, crew, ushers, orchestra and audience members. It is your obligation to provide the necessary notices to audience members that the Event is being recorded, filmed and/or streamed and that their personally identifiable information, including but not limited to their image could be shared on the internet.
(iv) Anyone using BookTix Live ticketing portal to sell Tickets, must use Stripe (an external payment provider) for payment processing. Each organization must have their own, active and connected Stripe account to sell anything on BookTix Live. You can create a Stripe account by going to Stripe.com and clicking the register button.
(v) When using RTMP Streaming Software to stream, You are responsible for:
1. making sure the device You are streaming from meets the minimum processing requirements for the software that You are using;
2. testing Your internet to ensure it is sufficient to properly upload the stream,
3. confirm that Your video is properly formatted pursuant to the requirements of both the streaming software and BookTix Live;
4. running a Stream Test in BookTix Live before every scheduled stream; and
5. providing a designated monitor/emergency contact for each scheduled stream, someone who BookTix can reach in case of an issue with the stream and who can make a decision on behalf of the Organization.
(vi) When using the AutoStream Tool to stream, You are responsible for the following:
1. Confirming with Your licensing agent that You have the rights to pre-record the show for streaming purposes and that you are streaming the show within your license rights.
2. Uploading properly formatted video(s) to your BookTix Live Media Library at least 24 hours prior to your performance, and confirming that the videos have uploaded successfully.
You must provide the following videos for an AutoStream:
- Starting Video Loop: A minimum 10 second video clip of show poster, ads, etc. which will play on a loop for 20 minutes prior to your scheduled show time while guests enter your stream.
- Main Content Video: Your main show video content (and any additional pre-show content such as a welcome or curtain speech) to be played at showtime.
- End Video Loop: A minimum 10 second video such as a short thank you or credits, which plays on a loop for a few minutes after your show concludes.
Recommended Video File Requirements
- File format: mp4
- File size max: 10 GB
- Video Max Duration: 3.5 Hours
- Video Frames Per Second (30fps)
- Video Dimensions 1280×720
Video(s) should be uploaded at least 24 hours prior to the scheduled streaming time, however 1 week prior is recommended. If you do not allow for sufficient time to upload the video(s) to the BookTix Live account, you will not be able to use the AutoStream Tool. However, you may be able to stream using Streaming Software.
You must Confirm that the video(s) You uploaded to the BookTix Live media library meet the minimum requirements necessary, contains the correct content, and have successfully uploaded to the library. The system will indicate “ready” for a successful upload, “error” for a failed upload, and “caution” for an upload that was successful but of low quality. If you receive a “caution” message, it is up to you to schedule the AutoStream and test the video to determine if you are happy with the quality of the stream.
3. Scheduling the AutoStream(s) and assigning the correct videos from the media library to the proper fields.
You will need to select the AutoStream option for each performance, and then select the appropriate video files to fill the Starting Video Loop, Main Content Video and the Ending Video Loop.
4. After scheduling the AutoStream, You must test your videos using the Stream Test Tool in BookTix Live. You must confirm that all 3 videos contain the correct content, are complete and of good quality. Even if the system indicates that the video(s) were successfully uploaded, it is still the responsibility of the client to test the video through the testing tool provided in BookTix Live to ensure that the video is correct and of good quality, the client should view the 3 separate check points in each video. BookTix is not liable for the quality or content of the video streamed.
5. The Client must provide a designated monitor/emergency contact for each scheduled stream, someone who BookTix can reach out to in case of an issue with the video(s) and who can make a decision on behalf of the organization. BookTix strongly recommends that You have a back up plan prepared for the stream, including having a designated person prepared to manually stream the video from their own computer using Streaming Software.
3. REPRESENTATIONS AND WARRANTIES
You represent and warrant the following:
(i) You are a producer, promoter, presenter, manager or otherwise a legally authorized organizer of the Event.
(ii) You have the authority and right to offer, sell, and honor Tickets and StreamPasses to the Event.
(iii) You have the authority and right to livestream the Event.
(iv) The Event itself and any material or content provided by You to Us for use on Our Sites and Platforms are not (and do not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; this includes but is not limited to permissions from all performers, cast, crew and audience members involved in the performance, designers of the show i.e. sets, costumes, lights, sounds, and any ancillary music or video streamed that is not included in the show rights.
(v) the Event and the distribution of Tickets and StreamPasses to the Event does not constitute a violation of any federal, state, and/or local law or foreign law. Booktix reserves the right to view video and livestreams at any time for any reason for quality control and training purposes.
The Event must be described truthfully and accurately at the time You submit the Event information to BookTix for listing and display on Our Sites and Platforms. BooKTix reserves the right to view video and livestreams at any time for any reason for quality control and training purposes. If We discover and determine, in Our sole discretion, that You misrepresented the Event or Your authorization to act on behalf of the Event, then We have the right to cancel the Event and issue a refund to ticket purchasers (net of any Fees) as provided in this Agreement. If We determine that You repeatedly engage in the conduct described in this paragraph or that the gravity of Your misrepresentation is such that canceling Your Event is an insufficient response, then We reserve the right to terminate Your account, at Our sole discretion. If Your account is terminated, then any other Events submitted by You will be canceled pursuant to this Agreement and BookTix reserves the right to take other actions or pursue additional remedies as permitted by law.
5. ACCESS, USAGE & PERFORMANCE
You understand and agree that our services, including access to and use of any sites, platforms, and servers may, at times, be inaccessible, inoperable or otherwise unavailable for any reason, including, but not limited to:
(i) equipment or communications malfunctions;
(ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time;
(iii) manufacturer defects;
(iv) the servers being down; or
(v) causes beyond Our reasonable control, or which are not reasonably foreseeable by Us, regardless of source or causative agent, including, but not limited to acts of government or the negligent, reckless, malicious or criminal acts of third parties or Acts of God.
You understand and agree that it is Your responsibility to learn how to use Our Platform and test it in advance of making Tickets and StreamPasses available to Your Patrons. You also acknowledge that it is Your responsibility to provide for and maintain adequate internet access and the bandwidth necessary to support the stream and to ensure that all dates, and performances are accurate and correct prior to making Tickets available to Patrons. You acknowledge and understand that You have the ability to print out a Patron sales list prior to the commencement of Event ticket sales and that this is the only way to fully ensure ticket sales verification in the event of Internet outage and that doing so is Your sole responsibility.
6. FEES, CHARGES, AND PAYMENT PROCESSING
Anyone using BookTix Live ticketing portal to sell Tickets, must use Stripe (an external payment provider) for payment processing. Each organization must have their own, active and connected Stripe account to sell anything on BookTix Live. You can create a Stripe account by going to Stripe.com and clicking the register button.
All amounts payable to you from use of our services are payable from Stripe. You are responsible for all processing fees owed to Stripe for use of their services. Accordingly, you will be bound by the terms and conditions that govern Stripe’s relationship with their customers. We are not affiliated with, and have no agency or employment relationship with Stripe and are not responsible for any and all liability, including but not limited to, any losses, costs, fees and penalties of whatever nature arising from, the acts and omissions of Stripe.
BookTix Live will charge you a per-ticket fee for use of Our Ticketing Service (“Ticket Fees”) for both traditional in person tickets and StreamPass tickets sold through our ticketing portal. Additionally, StreamPass tickets will have an additional fee, (“Streaming Fee”). Please refer to the attached Fee Schedule for details on both Ticketing Fees and Streaming Fees.
You can use the livesteaming platform portion of BookTix Live without using the Ticketing Portal to sell tickets directly to your guest. You can manually generate a list of StreamPasses and distribute them to your guest. The system will allow you to generate up to a limit set by Booktix on your own, you can request an increase to the limit at any time. BookTix will invoice You for the number of StreamPasses created. Invoices must be paid in full via Credit Card payment and should be paid within 30 days of receiving the invoice.
There is a minimum payment requirement for StreamPass Tickets per performance. If less then 10 StreamPasses are sold for a performance, BookTix reserves the right to charge a fee equal to 10 StreamPasses, minus the number of StreamPasses sold for the performance, additional fees may be accessed for livestreams exceeding 3 hours.
Booktix reserves the right to work with Stripe to receive payment directly for our Ticketing Fees and Streaming Fees as well as invoice you directly for any fees.
Where there is a dispute between terms and conditions in an individualized fee schedule and this Agreement, the individualized Fee Schedule shall govern. All Fees and any other monies contemplated by this Agreement are payable in Pounds or Euros.
7. CANCELED OR RESCHEDULED EVENTS
You are responsible for notifying BookTix immediately if Your Event is to be canceled or rescheduled. If You or BookTix cancels the Event You are responsible for notifying Your guests immediately and You are required to issue refunds to your Patrons for the full price paid for the ticket and any fees paid by the Patron, including, but not limited to, Stripe Processing Fees, Ticketing Fees and Streaming Fees. All refunds issued to patrons must be done via the same method as the original purchase.
If the event is rescheduled, the patrons originally issued Ticket and or StreamPass will be valid for the newly scheduled date and time.
We reserve the right to cancel Your Event for any reasonable reason, determined using Our sole discretion for violations of any clauses within this agreement, including but not limited to failure to pay.
If, for any reason We need to cancel the event at any point after the stream has begun, You will be charged the full fee for the stream BookTix shall have no liability whatsoever for any damages, claims or losses, in either equity or law, incurred by You or your patrons in connection with any such termination or cancellation.
8. REFUNDS, EXCHANGES AND VOIDS
You are responsible for responding to your guests individual requests for refunds, exchanges or voids. It is Your duty to effectively communicate Your refund policy to your guests. You shall ensure that Your refund policy is consistent with the terms of this Agreement, the BookTix Refund Policy, and all applicable legal, regulatory and other governmental requirements.
All communications or disputes regarding refunds are between You and the Patron, and BookTix will not be liable for any decision with respect to the issuance of refunds over the course of, and arising out of Your use of BookTix Platforms, Sites and Services. We reserve the right to disable any Advanced Features, including, but not limited to Refunds, Exchanges and Voids at Our sole discretion.
Notwithstanding the above, You acknowledge and agree that, for matters related to the protection of its intellectual property, business reputation, prospective economic gain, and the integrity of its Sites and Services, BookTix shall have the right, but not the duty to compel You to refund to Patrons of any or all amounts paid for tickets at any time for any reason or no reason, including without limitation if BookTix receives complaints from a measurable number of Patrons, as determined by BookTix in its sole discretion, with respect to You or the applicable Event, or BookTix determines in its sole discretion that You have engaged in any fraudulent activity or made any misrepresentations. BookTix shall have no liability whatsoever to You in relation to, or arising out of any such decision to force or provide refunds.
Fees charged to You by BookTix, i.e., BookTix Live Ticketing Fee and Streaming Fee are non refundable. There are no additional fees to refund a payment, however, Our fees on the original payment will not be returned to You in case of a refund to a guest. You can choose to refund the guest the fees yourself, however, BookTix will not be refunding You the Ticketing or Streaming Fee.
As an optional feature, BookTix Live allows You to accept donations on behalf of Your organization. The choice to accept donations is optional. You are responsible for all processing fees owed to Stripe for use of their services.
10. COLLECTION OF MONIES OWED
If You do not pay to BookTix upon request any amount required to be paid by You under this Agreement, BookTix shall be entitled to recover from You, in addition to any amounts otherwise owed, reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys’ fees, and associated arbitration or court costs.
11. WITHHOLDING OF TAXES
You are solely responsible for all taxes or other governmental charges associated with Your Event or the sale of tickets and StreamPasses to your event through our services. You will indemnify and hold harmless BookTix against any claims with the exception of taxes based on the net income of BookTix It is Your duty to adjust the ticket price in order to account for Your payment of these taxes.
In addition, BookTix will charge for VAT as required by law.
12. OUR RELATIONSHIP WITH YOUR CUSTOMERS
When you sell Tickets to your customers through our Ticketing system, the contractual relationship is between you and your customers. You are responsible for providing your own terms of sale with your customers and accordingly, we will direct any customers who direct questions regarding your event to you. You agree not to refer your customers to us for support.
Please see section 14 below for how we use your customer’s personal information.
You shall hold us harmless, and indemnify us, against all claims, costs and damages (both actual and consequential) arising out of, or in any way, connected with:
any dispute(s) with one or more of your customers; and/or
your relationship with your customers.
13. CONFIDENTIALITY AND NON-DISCLOSURE
You understand and acknowledge that BookTix is the owner of valuable trade secrets and confidential, non-public, and proprietary information (collectively “Confidential Information”) and acknowledge that the Services which We perform involve the furnishing of Confidential Information to You including, but not limited to: (i) customer names, email addresses, and other personally-identifiable information; (ii) sales; (iii) market demographics; (iv) pricing; and (v) business strategy, and that the goodwill and competitive position of BookTix depend, in part, upon You keeping such Confidential Information confidential. You agree to use Your best efforts to protect Our Confidential Information and to implement security measures to keep said Confidential Information confidential. Except pursuant to court order or the prior written consent of Us, You agree that You shall not disclose, distribute, sell, license, transmit, or disseminate any Confidential Information to any other party or permit or cause any unauthorized party to disclose, examine, and/or reproduce any reports, documents, transmissions, or data containing Confidential Information prepared or owned by Us. If You are requested or required to disclose Confidential Information pursuant to legal proceedings, You shall promptly notify Us so that We may prepare a response to said legal proceedings and You shall cooperate with Our efforts to obtain a suitable protective order.
14. USE OF CUSTOMERS PERSONAL INFORMATION
Protection of personal information is very important to us. We will comply with the The Personal Information Protection and Electronic Documents Act (PIPEDA) for so long as the PIPEDA is in effect and any other laws and regulations enacted from time to time relating to data protection and privacy, including any law or regulation giving effect to the PIPEDA or otherwise replacing The Act.
Any and All personal information collected by Us during any transactions with you or your guests, (“Ticket Buyers”, “Event Attendee”) that we handle as part of the Service, We and You both agree that You are the “data controller”, the Ticket Buyer and Event Attendee is the “data subject”, and We are the “data processor” in relation to that data. You hereby instruct Us to use the Customer Data collected to perform the Services contracted and as otherwise described in these Terms.
Accordingly, you hereby agree that:
you have sole responsibility for establishing and maintaining the lawful basis of our processing of Customer Data under these Terms, including where applicable the obtaining of all necessary consents from your Ticket Buyers and Event Attendees.
where you export your Customer Data during your use of the Service (for example exporting a list as a spreadsheet, downloading data to the check-in app, or synchronizing a MailChimp account), you are responsible for ensuring that your use of that Customer Data is compliant with data protection laws and the terms in place between you and the Ticket Buyer and Event Attendee.
With regard to our handling of the Customer Data, we agree that we shall:
process the Customer Data only in accordance with the contracted terms agreed to within this document, and any lawful instructions reasonably given by you to us from time to time, or as otherwise required by law and will not further sell or use The Customer Data in any manner that would constitute “selling”.
ensure that our personnel or any sub processors engaged in the handling of Customer Data are informed of the confidential nature of the Customer Data and are subject to binding confidentiality obligations;
employ appropriate technical and organizational measures to protect Customer Data;
inform you promptly if any Customer Data is lost or destroyed or becomes damaged, corrupted, or unusable or is otherwise subject to unauthorized or unlawful processing, including unauthorized or unlawful access or disclosure;
to the extent permitted by law, promptly notify you upon receipt of any request from a Ticket Buyer and Event Attendee to access, correct, amend, transfer or delete such person’s Customer Data consistent with that person’s rights under Data Protection Law or such other applicable data protection laws to which you are subject and, at your cost, provide all reasonable assistance to you in relation to such request;
on termination of the Service, we will return, or destroy (at your direction), Customer Data in our possession or control unless applicable laws require the continued storage of such Customer Data. Such deletion may take us up to 7 days to action and, following deletion from our live systems, it may take up to a further 14 days for the data to be deleted from our back-up tapes; and
make available to you all information reasonably required to demonstrate compliance with this section 14 and, at your cost and no more than once each 12 month period, contribute to audits conducted by you or another third party professional independent auditor mandated by you.
You acknowledge and agree that, as a data processor, we may appoint sub-processors to process Customer Data in connection with the provision of the Service, in which case we will ensure that our contracts with our sub-processors impose on the sub-processors obligations that are equivalent to the obligations to which we are subject to under this section and that we will be responsible for the acts and omissions of our sub-processors in respect of their handling of Customer Data.
A list of sub-processors can be found at here.
For your convenience we will keep your account open (and therefore retain your customer data so that it is available to you) for 5 years. Once this time period has expired, if you are no longer an active client in BookTix we will delete your data. Prior to closing your account and deleting your customer data we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or backup any data that you need. We may contact you about our services during this time (unless you have asked us not to contact you). You can close your account at any time by emailing our customer support team at help@Booktix.ca from the email address of the account owner.
In providing the Service, we may transfer personal information (including Customer Data) to third party service providers, which may store and process this personal information on servers located outside of Canada (including for data back-up purposes). If we transfer Customer Data outside of Canada in this way, we will take the appropriate steps to ensure that the Customer Data continues to be protected
You agree that You shall not solicit or contact for the purpose of soliciting, or assist anyone else in soliciting or contacting for the purpose of soliciting, via e-mail or through other means, any Ticket Buyers and Event Attendees You interact with through Our Services in order to purchase, buy, acquire, or obtain any other product, service, or other solicitation unrelated to this Agreement, or for the purpose of terminating, altering, or in any way modifying any Ticket Buyers and Event Attendees relationship with Us. Wherein a Ticket Buyers and Event Attendees has indicated a preference to not receive communications from You, You shall honor this request.
16. PROMOTION OF EVENT PROMOTIONS
You shall use reasonable efforts to create, produce, and distribute marketing and promotional materials, and/or otherwise create marketing and promotional campaigns, which state that tickets to Your Event shall be available for sale at the BookTix website.
17. EQUIPMENT AND SUPPLIES
BookTix does NOT provide any equipment directly to you for capturing or streaming an Event on the Live Platform. You are responsible for buying or renting the necessary equipment to execute Your livestream. BookTix will provide resources outlining the necessary equipment and make recommendations of specific brands that the BookTix staff is trained on and is prepared to provide support with. We will not be held responsible for any failure of equipment or software.
We do not guarantee or warranty the quality and functionality of the equipment at any given time. It is your full responsibility to set up and test all of your equipment at least one week before your Event to ensure that you have all the necessary pieces, they are compatible with your technology and they are all in working order.
Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) calendar days notice. If You terminate this Agreement after You have created an Event, Your Event shall be cancelled as provided in this Agreement.
19. GRANT OF PROMOTIONAL USE
You grant us a limited, worldwide, royalty-free license to reproduce and use Your company or organizational name, logos and trademarks (and our agents and service providers) in advertising or promotional materials, in any and all media (including print and digital, whether now or hereafter existing, for the purpose of referring to You as a BookTix Live Client and/or describing our Services or Sites.
20. UNSOLICITED IDEAS
We do not accept or consider unsolicited ideas of any kind and request that you do not send or share any unsolicited ideas of any kind. If, however, you send us unsolicited ideas of any kind despite Our request, the following shall apply:
You agree that: (1) your submissions and their contents will automatically become Our property, without any compensation to You; (2) We may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Us to review the submission; and (4) there is no obligation to keep any submissions confidential.
21. DATA SECURITY
BookTix will take reasonable measures to maintain Client’s Event data in a secure manner. We will provide You with an account ID and password that allows You access to Your Event data on Our server. You shall be solely responsible for the confidentiality of Your ID and password and for any authorized or unauthorized access to this site by any person using Your ID and/or password. You agree to notify Us immediately of any unauthorized use of Your password, ID, or any other breach of security discovered by You. You take full responsibility for any account You create.
BookTix Live is PCI Compliant.
Video(s) uploaded to the the BookTix Live Media Library to be used with the AutoStream tool are not encrypted, but are securely stored and locked down in our Amazon S3 account and are only accessible to our encoders. The video(s) will only be saved on our servers for as long as necessary to perform our services. After that time, the video(s) will be permanently deleted. We are not an archival service, clients should save a copy of the video(s) on another device or cloud.
BookTix Live will do our best to protect the streams from being recorded, copied, posted, shared, however when livestreaming an event on the internet there is always some opportunity to circumvent Our precautions.
At Your own expense, You agree, acknowledge, and understand that You will indemnify and hold harmless BookTix Live, it’s officers, directors, employees, investors, subsidiaries, agents, assignee’s, representatives, advertisers, marketing partners, licensors, independent contractors, subcontractors, data processors, recruiters, corporate partners, business partners, licensees, service providers, or employees, hereinafter “Affiliates” 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 BookTix Canada Ltd.., arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by You, Your officers, agents, employees or assigns. You further agree to defend Us 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 BookTix Live. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Client, its officers, agents, employees or assigns and (b) BookTix Canada Ltd., its Officers and Affiliates, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Client and that of its officers, agents, employees or assigns.
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.
24. LIMITATION ON LIABILITY
Client understands and agrees that BookTix Canada Ltd. and its Officers and Affiliates, shall not be liable to the Client or any Third Party for any direct, indirect, incidental, special, consequential, reliance, punitive or exemplary damages, including, without limitation, damages for loss of profits, goodwill, use, data or other intangible loses, or of any nature whatsoever, arising out of or in connection with: (i) providing or failing to provide services, (ii) for loss or corruption of data or programs, (iii) any change in the functionality of the site, (iv) service interruptions or complete outages for any period of time, (v) equipment or internet failure, and (vi) procurement of substitute services or equipment, even if the company 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 Our total cumulative damages exceed US$100.00.
Further, BookTix expressly disclaims liability for errors or omissions in the information, content, materials, services, videos, and livestreams provided in Our Sites, including the Services provided by us or any third party. Under no circumstances will BookTix be responsible for any loss or damages, including but not limited to lost profits or loss of business, resulting from anyone’s reliance on information or other content posted on the Sites, or transmitted to or by any users on our Sites.
25. DISCLAIMER OF WARRANTY AND LIABILITY
Our Services, including, but not limited to Our Sites, Platform, equipment and supplies are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, and We make no warranty regarding any services or products provided through or in connection with this Agreement. Any and all warranties which are part of Our services are expressly disclaimed, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may apply to You.
WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF SITES, PLATFORMS, SERVERS AND SERVICES.
We reserve the right, at any time and in our sole discretion, to modify or change the site offering. We provide no guarantee of any kind that the site, code, layout, design, search algorithms, search results, functionality, or any other item related to the site will not materially change during the course of the term of your usage. This section shall also survive the termination of this agreement.
27. 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.