Visitors and users of GateMe website (hereinafter GateMe) agree to comply with the following terms of use (hereinafter terms):
- GateMe is administered by BaBash Group OÜ (hereinafter GateMe), address Mustamäe tee 44/2, Tallinn, 10621, Tallinn, Estonia; e-mail: [email protected].
- GateMe does not act as an organiser of any event. GateMe gives an option to buy yourself to the guestlist upon request and behalf of organizers, promoters, artists, etc., and has no right to set or change the price and sales conditions, incl. issuing exchanges or refunds for lost objects or for any other objects connected with the events. The rights and obligations connected with payments are set and informed of by the organiser of the event and GateMe is not liable for the content or fulfillment of or for the changes to these rights and obligations.
- GateMe does not act as a representative of the organiser of the event, of the artist or of any other person responsible for the content, quality, information or advertisements of the event.
- GateMe reserves the right to limit the number of payments by one customer and to cancel a purchase which exceeds the set limit.
- When a customer has paid through GateMe, then he or she is automatically added to the guestlist of the chosen event and he or she gets to the nightclub by showing a valid identification card.
- In case the organizer of the event does not allow the guest in due to his/her dresscode, age or any other condition set by the organizer of the event, then GateMe is not obligated to provide exchanges or refunds.
- GateMe disclaims any liability for blocked entrance, if it is caused by invalid data of a GateMe user, comments, third parties' actions and other circumstances that do not depend on GateMe.
- GateMe disclaims any liability for blocked entrance, if the event chosen and the amount paid is not real (wrong event, smaller amount). If there are any other reasons why your entrance might have been blocked, contact GateMe: [email protected].
- In case the event is cancelled, postponed or its location is changed, GateMe is not obligated to provide exchanges or refunds. Exchanges and/or refunds are set and managed by the organiser of the event, if not otherwise stated.
- GateMe is not responsible for the contribution, comments or other data to the website which is provided to the website by GateMe users.
- The GateMe website may include references and links to worldwide information on the Internet. As GateMe has no control over these sites and information provided there, GateMe takes no responsibility for the exactness, relevance, content and information of these sites.
- Any usage of this website, its content and data (incl. any reference to GateMe) for unlawful purposes as well as for advertising, business purposes or any other commercial activities (incl soliciting) is prohibited without GateMe's prior written consent.
- GateMe user agrees not to interfere in any way with the proper working and technical solutions of the GateMe website. Any monitoring of GateMe usage and copying, reproducing, altering, using and publishing such data results on any purposes is prohibited. Any action that imposes an unreasonably large load on our GateMe system, on our website or on the proper working of GateMe is prohibited.
- Violation of the GateMe website terms of usage gives GateMe the right to block access to and/or cancel an order on any user.
- GateMe reserves the right to revoke any complimentary tickets issued to customers should there arise a suspicion of attempted fraud.
- By acting on the GateMe website its user agrees: 1) to be at least 18-year-old fully responsible person (a 7-18 year-old person of limited responsibility must confirm that he/she has full approval and facilities from a lawful representative to use the GateMe website); 2) to be a legal entity whose representative is authorized to use GateMe website on his/her behalf; 3) to follow all GateMe website terms of usage; 4) to take full responsibility for the consequences if his/her username and password become known to a third party; 5) that we might give his/her name, e-mail and phone number to the nightclub.
- GateMe disclaims any liability for cancelled events, their organisation, advertising, information or for any other circumstances connected with the events as well as for possible losses and damage that may result from the cancellation of an event.
- GateMe is not responsible for any damages or losses whatsoever that result from the use of the GateMe website and/or its content and from the use of links on this website.
- GateMe does not check the identity of the user, except for the username and password.
- Neither GateMe nor organizers of events check the identity of a payer, neither are they responsible for any damages whatsoever that may result from this.
- GateMe reserves the right to alter the terms of use without prior notice, alterations are put into effect by their publication on this page.
- All complaints about the content, quality and advertising of an event should be presented to the organizers of events.
- Any disagreements arising from the use of GateMe website are handled according to the present terms of usage and US laws.
1. ACCEPTANCE OF TERMS.
1.1 Overview.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the BaBash Group OÜ websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by BaBash Group OÜ ("GATEME") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by GateMe. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by GATEME. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY GATEME. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF GATEME, OR (II) BY GATEME AS PROVIDED IN SECTION 1.2 BELOW.1.2 Modification.
GATEME reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.1.3 Language.
We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.2. DESCRIPTION OF GATEME.
GATEME provides a simple means for registered users who are event organizers and planners ("Organizers" or "you") in nightclubs to manage their guest lists and collect payments with respect to the sale of tickets for events registered on the Site from registered users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their venue and fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through PayPal or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM"). For more information, please see https://gateme.com. This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please see https://gateme.com/about/terms/.3. YOUR USE OF THE SERVICES.
3.1 The Services.
GateMe hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a venue page and and event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.3.2 Software.
If you are allowed to download or use any Software in connection with the Services, GATEME hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by GATEME in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by GATEME, including without limitation GATEME'S mobile applications (such as GateMe app). For clarity, the Software will be deemed a part of the "Services" hereunder. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.4. PAYMENT METHODS.
4.1 Overview.
There are two types of payment processing options Organizers are using when using the Services: (1) "Facilitated Payment Processing" or "FPP", which consists of collecting Event Registration Fees using FPMs; and (2) "Credit Card Processing" or "CCP", which requires the use of the Gateway for the collection of Event Registration Fees. When using a FPM, Organizers and Buyers effect the applicable monetary payment transaction through the FPM service and are bound by the applicable terms of use governing the FPM service. All monetary payments will be made to the Organizer by GATEME, as described below.4.2 Payment process.
All payment processing occurs directly through GATEME. GATEME will collect all Event Registration Fees on behalf of the Organizer from Buyers and deduct all applicable Services Fees from the Event Registration Fees collected by GATEME, and then pass the remainder along to the Organizer when he clicks on "Withdraw" button (through an electronic funds transfer to the account that the Organizer accurately designates on the Site), provided that GATEME reserves the right to withhold funds (i) at any time as GATEME determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. GATEME, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as GATEME may establish from time to time. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Event Registration Fees ultimately due will be net of all Service Fees (including Ticket Sale Service Charges), refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from GATEME with respect to any event that is cancelled. If payments have already been made by GATEME to an Organizer for a cancelled event, such Organizer will immediately refund to GATEME all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in currencies accepted by GATEME. If Organizer selects a foreign currency option accepted by GATEME, GATEME will collect and disperse the funds in the foreign currency selected by Organizer. ORGANIZER AGREES THAT ANY PAYMENT BY GATEME OF EVENT REGISTRATION FEES PRIOR TO THE CLICK OF THE WITHDRAW BUTTON ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TOS AND THAT GATEME MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FOURTEEN (14) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO GATEME SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY GATEME.4.3 Refunds.
GATEME shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if GATEME receives complaints from a substantial number (as determined by GATEME in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or GATEME determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where GATEME would reasonably expect to lose a chargeback, GATEME may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to GATEME.4.4 Non-Exclusive Remedies.
(a) Payment.
In the event any amounts are owed by Organizer to GATEME under this TOS or otherwise, GATEME may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer's outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay GATEME such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to GATEME hereunder are not made by Organizer when due, GATEME reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer's registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.(b) Confirmation.
Upon receipt of each individual ticket purchase, GATEME generates a confirmation message and adds Buyer’s name into the guest list. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by GATEME through the Services, and it is your responsibility to verify the Buyer's name and/or any event restrictions prior to the subject event.(c) Taxes; Withholding.
You are responsible for (and will indemnify GATEME and its affiliates against) all taxes associated with your sale of tickets through the Services (excepting taxes based on GATEME'S net income), which amounts may be withheld from payments due to you or invoiced to you. GATEME reserves the right to withhold the payment of any amounts owed to you hereunder if (i) GATEME suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or (ii) GATEME is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by GATEME).5. YOUR REGISTRATION OBLIGATIONS.
To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GATEME has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GATEME has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). GATEME is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify GATEME of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GATEME cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that GATEME shall be the sole arbiter of such dispute in its sole discretion and that GATEME'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.7. CONTENT.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by GATEME in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. GATEME may own the Site Content or portions of the Site Content may be made available to GATEME through arrangements with third parties. Except as expressly authorized by GATEME in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of GATEME. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content") as an Organizer, you hereby grant to GATEME a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If GATEME determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, GATEME will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers. GATEME reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that GATEME may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of GATEME both on the Site and in marketing and promotional materials.8. CONDUCT.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- facilitate gambling;
- impersonate any person or entity, including, but not limited to, an GATEME representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by GATEME;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
- stalk or otherwise harass any person or entity.
