We are happy to welcome you at www.arrowpass.com which is owned and operated by

ArrowPass, Inc.
631 Taraval st. #205
San-Francisco, CA 94116 USA

(hereinafter referred to as the “Company”, “we”, “us”, “our”, “ours”). These Terms of Services (hereinafter referred to as the “TOS”) shall govern your use of www.arrowpass.com and all its applications (www.arrowpass.com and all its applications shall be hereinafter referred to as the “Website”). By visiting and using the Website you expressly agree to these TOS and any and all alterations and updates in/to it which we may make from time to time.

The most recent version of these TOS shall always be available at www.arrowpass.com.

This version of TOS is dated March 21, 2015.

GENERAL TERMS AND CONDITIONS

TOS Documents

You understand and agree that these TOS shall include all polices which are related to the Website and the services rendered by the Company via Website (hereinafter referred to by the “Policies”). Each of the Policies shall be part of these TOS and shall be hereby incorporated by reference.

Age Requirements. General Warranties and Representations

This Website may be used solely by individuals. Our services offered to you via this Website may not be used by individuals under 18 years old. By using our services offered to you via this Website you hereby represent you are at least 18 years old.

You further represent that you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these TOS.

Personal Data

So far we provide our services via Website without creating a permanent personal account within our Website system for you. However to render any services via our Website to you, we require your personal data which shall include your full name, your valid e-mail address, your contact phone number and information on your payment instrument you would use to pay for your ticket, e.g. your credit card information or additional personal information we may require to secure your payments, (hereinafter referred to as the “Personal data”).

When using the services which are offered via this Website, you shall (a) agree to provide us with the Personal data, (b) provide us with the accurate, full and correct Personal data, (c) provide us with your real full name, (d) not use any Personal data other than yours. You further agree that any Personal data which you provide hereunder may be used by us in connection with ArrowPass Technology. For more details on ArrowPass Technology please visit ArrowPass Policy www.arrowpass.com.

You shall immediately notify us in writing if you discover any unauthorized use of your e-mail or credit card. We may require you to change your e-mail address if we believe using your e-mail address is no longer secure for our Website.

Any and all data related to you, both Personal and non-personal (if any), shall be collected and used in accordance with the Privacy Policy which shall always be available at Privacy Policy

Our Partners

You hereby agree and accept we shall be entitled to hire third parties to procure payment processing (Processing Partners). Presently our Processing Partners are:

  1. Braintree, a division of PayPal, Inc.www.braintreepayments.com

You further agree and accept we shall be entitled to provide our Processing Partners with your Personal data and other information related to your order to process your payment.

Your Conduct

You are fully liable for whatsoever content you make available via the Website.

You hereby further agree not to:

  1. Run, rent, lease, loan, or sell access to the Website and/or any technology connected therewith, including but not limited to ArrowPass Technology.
  2. Decompile or reverse engineer or attempt to access the source code of the software underlying the Website and/or any technology connected therewith, including but not limited to ArrowPass Technology.
  3. Copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivate works from, display, perform, publish, distribute, redistribute or disseminate any technology connected with the Website and/or ArrowPass Technology.
  4. Access the Website to build a product using similar ideas, features, functions, interface or graphics.
  5. Access (or attempt to access) any service on the Website by any means other than as permitted by these TOS.
  6. Circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content available at the Website.
  7. Access the Website to upload any content to cause a breach of security to the Website or interfere with the proper working of the Website or prevent others from using the Website.

Copyright

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Website, its technology and ArrowPass Technology (including all upgrades, new features, and enhancements thereto), including applicable copyrights, trademarks and other proprietary rights. We are not granting any license in/to those intellectual property rights to you by virtue of these TOS. There are no implied licenses under these TOS, and all rights not expressly granted are hereby reserved.

During and subject to these TOS, we will provide you with access to the Website solely to enable your use of the Website and services rendered to you via the same as permitted under these TOS. You acknowledge that you shall acquire no rights in the Company and/or the Website and/or ArrowPass Technology and/or any technology related to the Website. Any use of third party software provided in connection with the Website and/or ArrowPass Technology if any shall be governed by such third parties' licenses and not by these TOS. We reserve the right, in our sole discretion, to deny use of the Website to anyone for any reason.

You agree that any questions, comments, suggestions or the like other than personally identifiable information (collectively, the "Feedback") sent to the Company, shall become the sole property of the Company. You hereby assign all rights, title and interest in such Feedback to the Company, and you acknowledge and further agree that the Company shall be free to use and exploit in any manner any ideas, concepts, know-how or techniques contained in such Feedback for any purpose without any obligation of confidentiality, attribution or compensation to you or a third party and without your or a third party's consent.

Indemnity

You agree to indemnify, defend, and hold harmless the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys' fees) arising out of or relating to:

  1. any content you submit, post, transmit, or make available through the Website;
  2. your use or misuse of the Website;
  3. your breach or alleged breach of these TOS;
  4. your violation of any rights (including intellectual property rights) of a third party.

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company shall make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Governing Law and Language

These TOS may be translated into various languages depending on the language version of our Website you are browsing. However you agree that all such translations are made for your convenience only and the English version of these TOS shall always have the priority.

These TOS shall be governed by the laws of the State of California without giving effect to any principles that may provide the application of the law of another jurisdiction.

Arbitration

You agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of California for the purpose of litigating all claims or disputes in connection with these TOS. Any such claim or dispute shall be resolved in a cost effective manner through binding non-appearance-based arbitration and has to be initiated within thirty (30) days after it arises, or the cause of action is barred. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.

Suspension of Services

The Company shall be entitled at any time to modify, suspend or discontinue any of the services offered to you via this Website.

Disclaimer of Warranties

YOUR USE OF THIS WEBSITE, AND ALL CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT), ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THIS WEBSITE, AND ALL CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, AND CONTENT (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. COMPANY AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS DISCLAIM ANY WARRANTY THAT THIS WEBSITE, OR ANY CODE, PLATFORM CODE, THIRD PARTY SOFTWARE, OR CONTENT (INCLUDING THIRD PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY MAKES NO GUARANTEE REGARDING (A) THE AMOUNT, TIMING AND DELIVERY OF ANY CLICKS OR IMPRESSIONS WITH RESPECT TO ANY CONTENT (INCLUDING THIRD PARTY CONTENT) OR ADVERTISING ON THIS WEBSITE, OR (B) THE VOLUME AND QUALITY OF ANY TRAFFIC TO YOU. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, OR THROUGH OR FROM THIS WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL THE COMPANY OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS OR AGENTS, BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OR THE INABILITY TO USE THE WEBSITE; OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TOS (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF THE AMOUNT OF MONEY PAID BY YOU FOR THE TICKET.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN THE COMPANY AND RECEIVED BY YOU THROUGH THE WEBSITE.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TOS SHALL APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED. 

ONLINE BOX-OFFICE PURCHASE POLICY

This part of the TOS shall enter into force once you pay event registration fee which shall be referred to as “purchase ticket(s)” via this Website.

In case you purchased tickets via a different online ticket sales service and you were redirected here, please proceed to ArrowPass Ticket Policy www.arrowpass.com.

By offering you a ticket for an event via this Website, the Company acts as the agent to a person / an entity, which organizes such event (hereinafter referred to as the “Promoter”).

Therefore, before you proceed with purchasing tickets for a certain event, please examine the terms of services of the same carefully. Such terms of services are usually published by the corresponding Promoter at the corresponding event website.

You understand and agree that terms of services for a particular event, including but not limited to pricing and refund policies, are beyond our control. So you further agree to refrain from making whatsoever claims against the Company regarding

  1. ticket price;
  2. tickets availability;
  3. cancellation or rescheduling of an event;
  4. refund policy for a particular event;
  5. any other provisions of the terms of services of a particular event.

Transaction ID

Please check all the details of your purchase carefully! Once you finalize your purchase, in most cases you will not be able to make any changes.

In the end of the purchase process you shall be e-mailed a PDF receipt with a unique transaction ID (referred to as the “Transaction ID”).

It is your responsibility to keep the Transaction ID up to the end of the corresponding event. The Transaction ID will be inevitable for us to help you in case you require any help from us.

Payment Methods

We accept the following payment methods:

  1. Credit Cards
  2. PayPal

Currency

All ticket prices are stated in the US Dollars.

Fees and Commissions

You hereby agree that tickets purchased via our Website are subject to a per ticket service fee which shall be 1 (one) US Dollar per each ticket.

Delivery

All the tickets bought via out Website shall be delivered by means of the ArrowPass Technology, and you hereby agree to receive your ticket by means of the ArrowPass Technology and use such ticket in accordance with ArrowPass Ticket Policy www.arrowpass.com.

Refunds

Generally, all the tickets bought via our Website are non-refundable. There may be exceptions made expressly in terms of services for a particular event. Please make sure you examined those terms of services carefully before you finalize your purchase.
In case a ticket which was bought via our Website is refundable, you hereby agree that you will receive a refund for the ticket price in accordance with the policy stated below (hereinafter referred to as the Refund Policy) which shall among other things foresee the list of the relevant documents and requirements.
Please keep in mind that a refund for the ticket price shall only be made in case all the requirements of the Refund Policy are met. In case you fail to meet any of the requirements of the Refund Policy, we shall be entitled to reject your refund request / claim.

The term to examine your refund request / claim shall be ten (10) business days starting from the moment we receive a complete set of the documents foreseen by the Refund Policy.

You hereby agree that we shall be entitled to request additional documents in connection with any of the refund request / claim. In case we request any additional documents, the term to examine your refund request / claim shall be prolonged automatically for the period of time necessary to deliver such request of additional documents to you, receive your response and examine the response received.

Refund Policy

1. The Promoter’s consent to the payment of a refund for the ticket price. Such Promoter’s consent shall not be required in case a refund for the ticket price is made under a relevant legislative act.
You shall be solely responsible for obtaining the Promoter’s consent to the payment of a refund for the ticket price. A document of the Promoter’s consent shall contain full and complete information on you, the ticket you bought, the event, the amount paid and the Transaction ID. Such document of the Promoter’s consent shall be composed in written and signed by the Promoter or its duly authorized representative (no signature stamps accepted).
In case a refund is made under a relevant legislative act, the references to the articles and paragraphs of such act as well as the quotations proving you are properly entitled to the refund shall be included in your refund application.

2. Documents to identify you. Proof of your residential address
You shall be identified as well as your residential address shall be proved by the copies of your passport which shall contain the information as follows:

  • your full name (surname, name, middle name / patronymic);
  • your date of birth;
  • place of birth;
  • passport data: issue date, expiry date (if any), issuing authority; subdivision code;
  • residential address.

The aforementioned passport pages shall be notarized.

3. Refund application
Your refund application shall be composed in written and signed by you and shall contain the information as follows:

  • Your complete passport data;
  • Your residing address;
  • Your contact information;
  • Information on the event;
  • Complete information on the ticket bought;
  • Transaction ID;
  • Amount paid;
  • References to and quotations from the relevant legislative act to prove you are properly entitled to the refund, if applicable.

The refund application shall be mailed to us, and a copy of the same shall be mailed to the Promoter.

4. Language requirements. Documents translation.
Any and all documents to be delivered to us shall be translated into English or composed in two languages and English shall be one of them, or composed in English.
Please pay your attention: in case your documents need to be translated into English, such translation shall be notarized. In case a translator is legally authorized to certify his/her translation (e.g. a translator has a personal translator stamp), the translation may be certified by such translator’s personal stamp and no notarization is required.

5. All the signatures of individuals shall be notarized.
If any document contains any individual’s signature, such individual’s signature shall be notarized.

6. Documents delivery
The original documents listed above shall be delivered via mail to our address as follows:

Your Net Works, Inc.
631 Taraval Street Ste 205
San Francisco, CA 94116 USA

You hereby agree that you shall incur any and all mailing expanses in connection with the delivery of the documents listed above as well as of any additional documents (if applicable).

Cancelled and rescheduled events

In case an event is cancelled or rescheduled, the corresponding Promoter is responsible for arranging refunds, compensations, etc. Please contact the corresponding Promoter directly to get more details.

Liability

Unless otherwise stipulated by these TOS, our and the Promoters' liability to you in connection with the event and the ticket you have purchased shall be limited to the amount of money paid by you for the ticket, including any per item service fee if any.

Nothing in these TOS shall exclude or limit the Promoters' liability for death or personal injury caused by the Promoters' negligence, fraud or other type of liability which cannot by law be excluded or limited.

PRIVACY POLICY

This part of the TOS shall describe the measures taken by us to protect your privacy in connection with your use of the Website.

We collect Personal data when you use our Website. We use the same to provide services to you in accordance with these Terms of Services as well as to provide better services, marketing and support to you and our other customers.

Cookies

Our Website uses cookies for internal administrative purposes related to the presentation of our Website. A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a Web server in the domain that issued the cookie to you. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of this or other websites you visit.

How your Personal data is used

We will never sell, rent, or otherwise provide your personally identifiable information to any third parties.

You hereby agree we shall be entitled to share your Personal data with:

  1. Promoter(s) of the corresponding event
  2. Processing partners

to render services to you in due course as well as to provide you with products and support.

Please examine the terms of services of our Processing partners and Promoter(s) carefully as their privacy policy may be different from ours.

In case we intend to use your Personal data for any other purposes, we shall state such purposes in this paragraph of the TOS.

How your Personal data is protected

The Company strictly protects the security of the Personal data you provide. Personal data we collect is stored in password-controlled servers with limited access, and we carefully protect this information from loss or misuse, and from unauthorized access, disclosure, alteration, or destruction.

When your information may be disclosed

The Company may disclose any optional information you provide to advertisers on our Website so that we may display advertisements relevant to you. The Company places restrictions on how advertisers may use such information and does not share personally identifiable information with advertisers. No Personal data related to you may be searched or viewed by other visitors to the Website.

The Company may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the requirements of the law or comply with legal process served on our Website; (b) protect and defend the rights or property of the Company; or (c) act in urgent circumstances to protect personal safety of users of our Website, or the public.

Third party links

We may, in our sole discretion, include third party links on our Website. These linked sites have separate and independent privacy policies. This Privacy Policy only covers our Website and does not cover any other website.

END USER PRIVACY POLICY

November 7, 2016

Welcome to ArrowPass, Inc., a Delaware Corporation (“ArrowPass”, “we,”, “us” or “our”).

Since ArrowPass is the owner and provider of ArrowPass Technology or Technology (further defined) and also renders services connected with the Technology to event promoters and other people involved in similar activities (the “promoter”), ArrowPass collects and uses some of your personal information.

Your privacy is very important to ArrowPass and this End User Privacy Policy (the Policy) lays out ArrowPass' policies and procedures surrounding the collection and handling of such information.

Please read this Policy carefully. This Policy describes our policies on the collection, use and disclosure of information about you in connection with your use of Technology.

Once you attend an Event equipped with Technology, you consent to our collection, use and disclosure of information about you as this Policy describes.

This Policy may be changed by us from time to time. The most recent version will always be available at arrowpass.com/policies

Technology description

Technology means any hardware and software provided by ArrowPass to the Event Organizer, including, without limitation, equipment to create and manage customer records of the promoter, wristbands with chips that together function as secured electronic wallets, and terminals to read such wristbands that are equipped with secure authentication modules.

Data

Here is the list of data we receive via Technology:

  1. your name (mandatory)
  2. your mobile phone number (optional)*
  3. your e-mal address (optional)*
  4. your stored value data which means stored value data that you create, submit or transmit to, through, or in connection with the Technology, such as information about pre-purchased goods and/or services for redemption at the event (“you Stored Value Data).

* We don’t need both your mobile phone number and your e-mail address however we require at least one of them.

Other information. We may store information about your use of the Technology. We also may store information that your computer or mobile device provides to us in connection with your use of the Technology, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, unique device identifier, location, and requested and referring URLs.

Data use

General provisions. We may store the information about you received via Technology and use it to provide analytics and customer marketing services; to improve the Technology functionality and quality; track usage of the Technology; provide support services; message you for the purposes described in this Policy; back up our systems and allow for disaster recovery; enhance the security of the Technology; and comply with legal obligations.

We will share the Data with the Event Organizer, and they assume ownership of the data. Please refer to the Event Organizer’s privacy policy for details about their use of the Data.

Disclosure to you. Information pertaining to you with regards to a particular event (e.g. your Stored Value Data) will be provided to you via e-mail or in a form of a text message within 5 days after that particular event.

Data Security

We follow generally accepted industry standards to protect your data, however no method of transmission over the internet or mobile device or method of electronic storage is one hundred per cent secure. Therefore while we strive to use commercially acceptable means to protect your data, we cannot guarantee their absolute security.

Do Not Tack Notice

We do not track our customers over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track (DNT) signals. Third parties that have Stored Value Data or any other personal information embedded on ArrowPass’ websites such as a social feature may set cookies on a user’s browser and/or obtain information about the fact that a web browser visited ArrowPass’ website from a certain IP address. Third parties cannot collect any other personally identifiable information from ArrowPass’ websites unless you provide it to them directly.

Questions and inquiries

In case you have any questions or inquiries with regards to this Policy, please contact us at legal@arrowpass.com.

CLOVER APP EULA

Effective September 15, 2016

** You must use ArrowPass Closed Loop Payment and Access Control system (Technology) to run this app and get the complete set of features **

The following Terms of Service is a supplement to the Agreement that you should sign with ArrowPass,  that governs your use of Technology.

Terms of Use

Welcome to ArrowPass. ArrowPass is a closed loop payments and access control system for events by ArrowPass, Inc. (“ArrowPass”, “we” or “us”) that is accessed by ArrowPass terminals, point-of-sale system applications or website located at www.arrowpass.com (collectively, "ArrowPass"). Please read the following Terms of Use carefully before using ArrowPass. These terms and conditions (the “Terms”) govern your access to and use of (i) ArrowPass’ software and systems (the “Software”), including those for purchasing ArrowPass vouchers and tokens via Clover POS, and transferring such tokens to ArrowPass NFC stored value devices and Terminals (collectively, “Stored Value Data”); (ii) ArrowPass’ websites and point-of-sale applications that link to or reference these Terms (“Services”). By accessing or using the Services, you are agreeing to these Terms and entering into a legally binding contract with ArrowPass Inc., a Delaware corporation (“ArrowPass”). Do not access or use the Services if you are unwilling or unable to be bound by the Terms.

Definitions

"Parties"

“You” and “your” refer to you, as a user of the Services. A “user” is someone who accesses, browses, or in any way uses the Services and Stored Value Data. “We,” “us,” and “our” refer to ArrowPass. 3rd party refers to point-of-sale developers, app markets and other partners with whom we may collaborate to distribute our Services.

“Stored Value Data” means information about tokens or vouchers. “Your Stored Value Data” means stored value data that you create, submit or transmit to, through, or in connection with the Services, such as information about pre-purchased goods and/or services for redemption at the event. “ArrowPass Stored Value Data” means Stored Value Data that we create and make available in connection with the Services. “Services Stored Value Data” means all of the Stored Value Data that is made available in connection with the Services, including Your Stored Value Data and ArrowPass Stored Value Data.

  1. Applicability & Acceptance of These Terms of Use
    By creating, using, accessing, browsing, or submitting any Stored Value Data or material on ArrowPass, you agree to these Terms of Use as a binding legal agreement between you and ArrowPass, without limitation or qualification. The term "you" or "You" shall refer to any person or entity who views, uses, accesses, browses or submits any Stored Value Data or material to the Services. We reserve the right to modify these Terms of Use at any time without prior notice. You agree that each visit you make to the Sites shall be subject to the then-current Terms of Use, and continued use of the Sites now or following modifications in these Terms of Use confirms that you have read, accepted, and agreed to be bound by such modifications.
  2. Using the Services
    1. Permission to use Services. We grant you a limited, nonexclusive, nontransferable, revocable license to use the Services (which may be revoked at any time for any reason or no reason) subject to the restrictions in these Terms. We hereby grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. No other use is permitted. You may not, for example, access or use the Services if you are a competitor of ours or if we have previously prohibited your use of Services. You may not use the Services to incorporate the information, Stored Value Data, or other material in any database, compilation, archive or cache. You may not modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, Stored Value Data, material, software, products or services obtained from ArrowPass, except as specifically noted above. Except as specifically authorized by us, you may not deep-link to ArrowPass for any purpose or access the ArrowPass manually or with any robot, spider, web crawler, extraction software, automated process or device to scrape, copy, or monitor any information, Stored Value Data, or material available through ArrowPass. We reserve all statutory and common law rights against any person or entity that violates this paragraph. You may not link or frame to ArrowPass or any Stored Value Data contained therein, whether in whole or in part, without prior written consent from ArrowPass. You may become a "fan" of ArrowPass or share links to ArrowPass via social networking tools available on ArrowPass. Any rights not expressly granted herein are reserved. Your use of the Services is at your own risk.
    2. Services Availability. The Services may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
    3. Communications from ArrowPass and other Users. By using the Services, you agree to receive communications in connection with the Services, from ArrowPass, its customers or third parties, which may include Services related communication, as well as offers and advertisements.
    4. User Accounts. It is not possible to use the Services without creating a User Account.  If you choose to create a user account, you are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account or prohibit your use of the Services at any time for any or no reason. In creating an account, you may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
    5. User Conduct. You agree that your use of ArrowPass is subject to all applicable local, state and federal laws and regulations, whether existing or enacted in the future. You also agree:
      • to comply with US law and local laws or rules regarding online conduct and acceptable material;
      • not to use ArrowPass or submit Stored Value Data to the ArrowPass if you are under the age of 18;
      • not to access ArrowPass using a third-party's account/registration without the express consent of the account holder;
      • not to use the ArrowPass for illegal purposes;
      • not to commit any acts of infringement using ArrowPass or with respect to Stored Value Data available through ArrowPass;
      • not to use ArrowPass to engage in commercial activities apart from sanctioned use of ArrowPass services;
      • not to copy any Stored Value Data, for republication in print or on-line;
      • not to create reviews or blog entries for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of ArrowPass;
      • not to attempt to gain unauthorized access to other computer systems from or through ArrowPass;
      • not to interfere with another person's use of ArrowPass or another entity's use and of ArrowPass;
      • not to upload or transmit viruses or other harmful, disruptive or destructive files;
      • not to reverse engineer, disassemble or decompile any portion of ArrowPass;
      • not to use ArrowPass in any manner to stalk, harass, invade the privacy of, or otherwise cause harm to, any person; and/or
      • not to disrupt, interfere with, or otherwise harm or violate the security of ArrowPass, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites.
    6. Harm from misuse. You agree that the consequences of re-publication of Stored Value Data or information from the Sites may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that ArrowPass will be entitled to temporary and permanent injunctive relief to prohibit such use.
  3. Stored Value Data
    You acknowledge and agree that the Services contain proprietary information and Stored Value Data that is protected by intellectual property and other laws, and may not be used except as provided in these Terms of Use without advance, written our prior permission. All ArrowPass design, text, graphics, interfaces, and images (and the selection and arrangements thereof), and software, hypertext markup language ("HTML"), scripts, and other Stored Value Data and software available or viewable through ArrowPass.
  4. Recurring Subscription
    You may access Services through 3rd party websites and point-of-sale app markets as a recurring subscription service. You acknowledge the following:
    1. Reasonable efforts shall be made to provide advance notice to current subscribers of our apps before we cease making services available through our point-of-sale applications, take down an app or remove it from current distribution due to: (i) an allegation or actual infringement of any intellectual property right or right of publicity or privacy of any third party, (ii) an allegation or actual defamation, (iii) an allegation or determination that our app does not comply with applicable law, (iv) ceasing to do business, or (v) filing a petition in bankruptcy, dissolving or otherwise failing or unable to pay our debts as they become due.
    2. Our app may be removed at any time from 3rd party websites and app markets if it is determined that our app: (i) may infringe or otherwise violate the intellectual property rights or any other rights of any third party; (ii) violates any applicable law, regulation, card association rule, or is subject to an injunction; (iii) violates the 3rd party App Market Developer Program Policies; (iv) is being distributed in a manner that is in breach of the 3rd party App Market Developer Terms; (v) may create liability for 3rd parties; or (vi) may contain a virus, malware or spyware, or may have an adverse impact on 3rd party systems.
    3. You may cancel your subscription to ArrowPass Services at any time before the end of a billing cycle, and upon cancellation, you will: (i) not receive a refund for the applicable billing period during which you cancels subscription to our Service, and (ii) continue to be able to access your subscription and receive issues and updates of the relevant subscription until the subscription termination date.
    4. 3rd parties acting on our behalf, may refund the full purchase or subscription price of an app to you if: (i) our app does not function properly; or (ii) you request a refund from the 3rd party within a reasonable time period.
    5. 3rd parties and their affiliates do not have any responsibility or liability to you in any way with respect to the your use of our Services
    6. Termination and Modifications to ArrowPass
    7. We reserve the right, in our sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice Stored Value Data or services offered on or through ArrowPass (or any part thereof), including but not limited to the ArrowPass' features, look and feel, and functional elements and related services.
  5. Indemnity
    You agree to indemnify and hold ArrowPass, its parents, subsidiaries and affiliates, agents, officers, directors, or other employees harmless from any claim, demand, or damage (whether direct, indirect, or consequential), including reasonable attorneys' fees, made by anyone in connection with your use of ArrowPass, including with respect to any submissions to ArrowPass, any alleged infringement of intellectual property or other right of any person or entity, your violation of these Terms of Use, or any other acts or omissions relating to your use of ArrowPass.
  6. Disclaimer of Warranties
    THE INFORMATION, STORED VALUE DATA, PRODUCTS, SERVICES, AND MATERIALS AVAILABLE THROUGH THE ARROWPASS (WHETHER PROVIDED BY ARROWPASS, YOU, OTHER USERS OR OTHER AFFILIATES/THIRD PARTIES), ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARROWPASS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
  7. Limitation of Liability
    IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER (EVEN IF WE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR SERVICES PROVIDED ON OR THROUGH ARROWPASS. WE ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE SITES. WE ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, STORED VALUE DATA, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE SITES, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO ARROWPASS, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARROWPASS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO ARROWPASS OR A RESTAURANT AFFILIATE, IF ANY, OR (B) $100 (WHICHEVER IS LESS). YOU AND ARROWPASS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND ARROWPASS AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE ARE FAIR AND REASONABLE. IF YOU ARE DISSATISFIED WITH THE SITE OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, EXCEPT AS MAY BE PROVIDED FOR IN THIS SECTION 7.
  8. Your account, password, and security
    Use of ArrowPass may require that you register and/or create an account with us. To register and create an account, you must select an account designation and password and provide certain personal information to ArrowPass as set forth in the ArrowPass Privacy Policy. In consideration of the use of ArrowPass, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any and all current or future use of ArrowPass (or any portion thereof). You are responsible for maintaining the confidentiality and security of your account and password, and you are fully responsible for all activities that occur under your password or account, and for any other actions taken in connection with the account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.
  9. Jurisdiction, Applicable Law, and Limitations
    ArrowPass is created and controlled by ArrowPass in the State of Delaware, U.S.A. You agree that these Terms of Use will be governed by and construed in accordance with the laws of the United States of America and the State of Delaware, without regard to its conflicts of law provisions. Use of ArrowPass is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use. We make no claims or assurances that ArrowPass is accessible or may be downloaded outside of the United States. You agree that all legal proceedings arising out of or in connection with these Terms of Use, or services available on or through the Sites must be filed in a federal or state court located in Sunnyvale, California within one year of the time in which the events giving rise to such claim began, or your claim will be forever waived and barred. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process.
  10. General
    1. Enforceability. If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein.
    2. Entire Agreement. Except as expressly provided in a particular "Legal & Privacy" posting or other notice on particular pages of the Sites, these Terms of Use, which hereby incorporate by reference the terms of ArrowPass's Privacy Policy, constitute the entire agreement between you and ArrowPass, superseding all prior agreements regarding the ArrowPass.
    3. No Waiver. The failure of ArrowPass to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. Neither party hereto shall be deemed to be in default of any provision of the Terms of Use or for failure in performance resulting from acts or events beyond the reasonable control of such party and arising without its fault or negligence, including, but not be limited to, acts of God, civil or military authority, interruption of electric or telecommunication services, civil disturbances, acts of war or terrorists, strikes, fires, floods or other catastrophes.
    4. Headings & Construction. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. The language in these Terms of Use shall be interpreted in accordance with its fair meaning and shall not be strictly interpreted for or against either party.
  11. Privacy and Security Policies: please see arrowpass.com/policies
  12. For purposes of providing notice of cancellation or termination, contact us at support@arrowpass.com
    or
    ArrowPass, Inc.,
    344 20TH ST STE 302
    OAKLAND, CA 94612-3544
    United States.