1. Definitions

• "Service": The online platform provided by Yayatoh that allows Organizers to create, promote, and sell tickets for events, and allows Attendees to discover and purchase these tickets.

• "Organizer": A User (person or entity) who creates, manages, promotes, and lists an event on the Service to sell tickets.

• "Attendee": A User who browses the Service, purchases tickets, or attends an event listed by an Organizer.

• "User Content": Any text, image, data, or other material uploaded, posted, or otherwise provided to the Service by any User (including Organizers and Attendees).

• "Event": An event, gathering, or activity listed on the Service by an Organizer.

 

2. Our Role as a Platform

You acknowledge and agree that Yayatoh provides a technology platform (a venue) to connect Organizers and Attendees.

• We are a Ticket Reseller/Marketplace: The Company acts as a marketplace and ticket agent for Organizers. We are not the creator, organizer, or owner of the events listed on the Service.

• We are not a Party to the Sale: The sale of a ticket is a direct transaction between the Organizer and the Attendee. We facilitate this transaction as the Organizer's agent.

• No Endorsement or Guarantee: We do not endorse any Organizer, Attendee, or Event. We are not responsible for the quality, safety, legality, accuracy, or execution of any Event. We do not guarantee that an Organizer will honor a ticket.

 

3. User Accounts

• Eligibility: You must be at least 18 years old (or the age of legal majority in your jurisdiction) to create an account or use the Service.

• Accurate Information: You agree to provide true, accurate, current, and complete information during the registration process and to update this information as necessary.

• Account Security: You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

• Sharing with Organizers: By registering, you agree that Yayatoh may share your information with Organizers for events you register for or purchase tickets to, as outlined in our Privacy Policy.

 

4. Terms for Organizers

If you use the Service as an Organizer, you agree to the following:

• Event Responsibility: You are solely responsible for your Event(s). This includes:

  • Providing accurate and up-to-date information (date, time, location, ticket prices).

  • Ensuring the Event is conducted safely and lawfully.

  • Honoring all tickets sold through the Platform.

  • Complying with all applicable laws and venue rules.

• Right to Remove: Yayatoh reserves the right, at our sole discretion, to remove any event that is found to be in violation of these Terms, fraudulent, or for any other reason, without notice.

• Legal Compliance: You represent and warrant that you have all necessary rights, licenses, and permissions to host your Event and that your Event does not infringe on the rights of any third party.

• Taxes: You are solely responsible for determining and remitting all applicable local, state, federal, or international taxes (including sales tax, VAT, etc.) on your ticket sales. Our service fees do not include taxes.

• Refund Policy: You must clearly communicate your refund policy to Attendees on your event page. You are responsible for honoring that policy and processing all refund requests.

• Data Privacy: You must handle all Attendee personal data you receive from us in compliance with your own privacy policy and all applicable data protection laws.

 

5. Terms for Attendees

If you use the Service as an Attendee, you agree to the following:

• Ticket Purchase: When you purchase a ticket, you are entering into a binding contract directly with the Organizer. Yayatoh facilitates this transaction.

• Payment: You authorize us (and our third-party payment processor) to charge your selected payment method for the total amount of your purchase, which includes the ticket price plus any applicable service fees and taxes.

• Refunds: All Sales are Final. All ticket sales are final and non-refundable unless otherwise specified by the event Organizer on the event page. Yayatoh is not responsible for issuing refunds. All refund requests must be directed to the Organizer, whose policy shall apply. Our Service Fees are non-refundable in all circumstances.

• Event Conduct: You agree to comply with all rules and policies of the Organizer and the event venue.

• Assumption of Risk: You voluntarily assume all risks associated with attending any Event, including risk of illness, injury, or property loss. Yayatoh is not liable for any incidents that occur at an Event.

 

6. Payments, Fees, and Refunds

• Service Fees: We may charge a service fee to Organizers and/or Attendees for use of the Service ("Service Fees"). These fees will be disclosed to you before you complete a transaction.

• Payment Processing: We use a third-party payment processor to handle all financial transactions. Your use of the Service is subject to the terms and conditions of that Payment Processor.

• Payouts to Organizers: Payouts will be made to Organizers according to the terms specified in our payment policy, minus our Service Fees and any applicable chargebacks, refunds, or processing fees.

• Event Cancellations: If an event is canceled by the Organizer, the Organizer is solely responsible for issuing refunds to Attendees according to their stated policy.

 

7. User Content and Prohibited Conduct

• Responsibility: You are solely responsible for your User Content. You agree not to post any content that is:

  • Illegal, fraudulent, or harmful;

  • Hateful, discriminatory, or harassing;

  • Infringing on any patent, trademark, copyright, or other intellectual property right;

  • Spam or unsolicited advertising.

• Prohibited Conduct: You agree not to:

  • Use the Service for any illegal purpose;

  • Scrape, data-mine, or reverse-engineer the Service;

  • Impersonate any person or entity;

  • Interfere with or disrupt the security or integrity of the Service.

We reserve the right to remove any User Content or terminate any account that violates these Terms.

 

8. Disclaimer of Warranties

 

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

[YOUR COMPANY LEGAL NAME] EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) THE EVENTS WILL BE OF A CERTAIN QUALITY, SAFE, ACCURATE, OR AS-DESCRIBED; (C) ANY INFORMATION OR CONTENT ON THE SERVICE WILL BE ACCURATE OR RELIABLE. YAYATOH IS NOT RESPONSIBLE FOR ANY ERRORS MADE BY EVENT ORGANIZERS IN LISTING THEIR EVENTS.

 

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YAYATOH, ITS OFFICERS, DIRECTORS, OR EMPLOYEES, BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES;

• ANY DAMAGES OR LOSSES ARISING FROM EVENTS, INCLUDING, BUT NOT LIMITED TO, EVENT CANCELLATIONS, MISREPRESENTATIONS BY ORGANIZERS, OR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OCCURRING AT OR IN CONNECTION WITH AN EVENT.

• ANY DAMAGES ARISING FROM YOUR TRANSACTIONS WITH ANY ORGANIZER OR OTHER USER.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL SERVICE FEES PAID BY YOU TO US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

 

10. Indemnification

You agree to defend, indemnify, and hold harmless Yayatoh and its affiliates from and against any and all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) Your access to or use of the Service; (b) Your User Content; (c) Your breach of these Terms; (d) Your Event(s) (if you are an Organizer); or (e) Your violation of any law or the rights of a third party.

 

11. Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed by the laws of the State of Maryland, United States, without regard to its conflict of law provisions.

• Dispute Resolution: Any dispute arising from these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in Beltsville, Maryland.

 

12. General Terms

• Changes to Terms: We reserve the right to modify these Terms at any time. We will provide notice by posting the revised Terms on the Site. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

• Severability: If any provision of these Terms is found to be invalid, the remaining provisions will remain in full force and effect.

• Entire Agreement: These Terms (and the Privacy Policy) constitute the entire agreement between you and YAYATOH regarding the Service.

• Contact: For any questions about these Terms, please contact us at:

  • Email: info@yayatoh.com

  • Address: 5000 Sunnyside Avenue, Suite 300, Beltsville, MD 20705

  • Phone number: 240-200-6474 | 202-790-2928