TERMS AND CONDITIONS

Last Updated: February 3, 2014

Welcome to KPasapp.com. KPasapp.com makes it easy for you to discover all the events in the area of your choice, to make reservations and purchase tickets to these events, and to share them with your friends and relatives. KPasapp.com also enables event professionals to plan and promote their events, and to sell tickets to these events. The following are the Terms and Conditions ("T&Cs") that govern the use of KPasapp.com websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), and any and all services available on or through the Site or otherwise provided by KPasapp.com (the "Services"). The Site and the Services are owned and operated by [Columbia Communications Inc (CCI), a Nevada corporation, and Pes de Cabo S de RL de CV (PDC), a Mexican corporation] ("Company,"). KPasapp.com ("KPasapp," "We," "Us," or "Our”) provides You, the user of the Site ("You" or "Your"), access to and use of the Site subject to the T&Cs. We reserve the right to update the T&Cs from time-to-time at Our sole discretion. It is your responsibility to visit this page frequently to keep you updated with the T&Cs. You hereby agree as follows:

 

BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE T&CS, THE PRIVACY POLICY AND, AS APPLICABLE, ALL OTHER AGREEMENTS (COLLECTIVELY, THE "USER AGREEMENTS"), EACH OF WHICH ARE HEREBY INCORPORATED BY REFERENCE, AND YOU EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THE T&CS SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING THIS SITE. ANY VIOLATION OF THE T&CS CAN RESULT IN ACTIONS BY US INCLUDING, BUT NOT LIMITED TO, TERMINATION OF YOUR ACCESS AND RIGHT TO USE THE SITE, CANCELLATION OF YOUR TICKET ORDER, AND/OR REMOVAL OF YOUR EVENT LISTING.

WE MAY TRANSLATE THIS T&CS, 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.

OUR SERVICES

KPasapp offers events management and promotion services. Our Site allows users to search and locate events, to make reservations and purchase tickets to these events, and to share them with friends and relatives. Access to the Site doesn’t require registration, but access to most of the site’s functionalities, including event reservation, ticket purchase or event promotion, requires registration.

The Site has two types of registered users: End-users and Events Professionals. Events Professionals may be event managers, venues managers, performers, sponsors or any type of event services providers.

• All registered users may purchase tickets online

• All registered users may submit their private events and send invitations and RSVP via Our Site.

• Event professionals can submit their events to our Site or promote their event-related services to event managers and/or to the public.

• Users must be registered as event professionals to submit events open to the public.

ACCOUNT REGISTRATION

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

 

 

CURRENCY

Events Tickets and other services may be priced in US Dollars, Mexican Pesos or both. Users may select various payment methods, and payments will be made to CCI US accounts or PDC Mexican bank account, based on payment method and payer’s country.

 

PAYMENT

KPasapp acts as payment agent for the Event Professionals for the limited purpose of accepting payments from you on behalf of Event Professional and is not a party to the agreement between you and Event Professional.

We accept the following methods of payment to accommodate your needs: credit and debit cards, PayPal, bank transfer, cash payment through the OXXO retail chain (available in Mexico only). The most current acceptable forms of payment are listed in the appropriate section of our Site and may change from time to time at our sole discretion. It is your responsibility to read and understand the terms and policies of your selected payment processors.

Upon Your payment to KPasapp of amounts which are due to Event Professional, Your payment obligation to Event Professional for such amounts is extinguished, and KPasapp is responsible for remitting such amounts, less KPasapp's service fees, to Event Professional. In the event that KPasapp does not remit any such amounts to Event Professional, such Event Professional will have recourse only against KPasapp.

KPasapp reserves the right to set up appropriate reserves for any Event Professional to cover dispute and refunds.

 

SERVICE FEES

All descriptions of standard fees on the Services represent the standard fees that KPasapp charges to Event Professionals. Tickets purchased on our Site are typically subject to a per ticket service fee and a non-refundable per order processing fee. You may be able, in some instances, to purchase tickets directly from the venue box office without paying our service fee. Event Professionals shall have the possibility to choose how much of the fees charged by KPasapp.com will be passed along to Buyers and may include certain other charges in the fees, including without limitation, facility fees, royalties, taxes, processing fees, and fulfillment fees. Service fees may also vary based on individual agreements with certain Event Professionals.

 

CANCELED AND RESCHEDULED EVENTS

Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us.

If an event is canceled, and you purchased your ticket through KPasapp, we will automatically issue you a refund to the credit or debit card that you used to purchase that ticket.

If the event was moved or rescheduled, the Event Provider may set refund limitations. Please contact us for more information or to request a refund if you cannot attend the rescheduled event. Please make sure to include/provide your account number so we can expedite your refund if applicable.

 

REFUNDS

Before purchasing tickets, you are strongly advised to carefully review your event and seat selection. Policies set forth by Event Providers generally prohibit us from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket's face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. In no event will delivery charges or any other amounts be refunded. For ticket insurance refunds, please contact the insurance provider. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

1. Canceled Events

We'll contact you and issue a refund automatically, including all fees.

2. Refunds for Rescheduled Events

We will contact you with the new date and time as soon as possible. Can't make it? Refunds are up to the artist, team, venue, or promoter.

 

LICENSE

Subject to the terms and conditions set forth in the User Agreements and Your compliance with their terms, We agree to provide You with access and use of Our Site while you are in compliance with the User Agreements and all other terms and conditions described for use of the Site. There is no fee paid by You for access, although We charge purchasers and sellers, which You may be, for Our ticketing services that We provide. Your access to the Site is provided pursuant to a free, limited, non-exclusive, and revocable license provided by Us.

 

ACCESSIBILITY

You understand and agree that the Site may, at times, be inaccessible or inoperable 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; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us. Our Site is offered as-is, and as-available. While We will make efforts to maintain the Site, We have no control over Your ability to access the Site at any particular time and We are not responsible for any limitation of services due to technical difficulties beyond Our control, including any interruption of service in providing the Site.

 

EQUIPMENT

You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other physical requirements for Your use of Our Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the Site.

 

PROPRIETARY RIGHTS

All or portions of this Site are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so. The User Agreements do not constitute any general license to You to use any of Our copyrights or trademarks with the sole exception of on-screen viewing. Our trademarks include but are not limited to the KPASAPP trade name.

 

NO REDISTRIBUTION OR RESALE

You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, publish, modify or exploit for any commercial purposes, any portion of the Site, its use, or any access to it. You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use.

 

NO INTERFERENCE

You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the content or user information contained on Our Site without Our express written permission. You further agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our Site.

 

LINKING AND FRAMING

Our Site may also provide links to other websites. These links are not intended to imply sponsorship, affiliation, or endorsement. We do not exercise any control over these other websites. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other websites, any transmissions initiated by or between You and the other website, any of the content posted on the other website, or Your reliance upon such content.

 

USER SUBMITTED CONTENT

By submitting any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Site ("Content") to be used on the Site, You agree that We may use Your name, voice, or image and any quotes attributable to You, and any such photos, videos, or audio recordings of or by You as described herein. You grant the rights hereunder whether or not Your name, voice, or image, or any quotes attributable to You are used in any manner by KPasapp and We reserves the right in Our sole discretion NOT to use any submitted content. You grant these rights to KPasapp worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Site, advertising, and other commercial uses in connection with the Site. You waive all rights related to Our use and release, discharge and hold harmless KPasapp, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of Your name, voice, or image, or any quotes attributable to You. You further understand and agree that online visitors to the Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls. In addition and by submitting Content: (i) You understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site, without further consent or approval, and that whether or how the Content is used in the Site is entirely within Our sole discretion; (ii) You certify that You are the original author (or have a written assignment of all rights from the author) of the submitted Content, You are the sole copyright owner of the Content, You are the only person depicted in the Content, and You have complete authority to grant to Us the rights stated herein; and (iii) You understand and agree that all Content is subject to review and editing by Us prior to any posting or use by KPasapp. You further acknowledge that We reserve the right to remove any Content from the Site at any time and for any reason at Our sole discretion.

 

GRANT OF LIKENESS

You grant permission to KPasapp to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an Event (regardless of whether before, during or after such Event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, You or anyone acting on Your behalf.

 

UNACCEPTABLE USES

You are solely responsible for any and all acts and omissions that occur while You use this Site, and You agree not to engage in unacceptable use of the Site, which includes, but is not limited to, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as "spam"); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity, including, but not limited to, a KPasapp employee or agent; (vi) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (m) provide instructional information about illegal or unlawful activities (xiii) "stalk" or otherwise harass another person; (xiv) intentionally or unintentionally violate any applicable local, state, national or international law; (xv) engage in outside commercial or business activities without Our express written consent; and/or (xvi) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Site or in conflict with the spirit or intent of the User Agreements. Any violation of this section can result in termination of Your account and/or license to use this Site and any ticket orders and/or Event listings that You place with Us, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Site or to other information in our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Site may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.

 

COMMERCIAL USE

No bulletin board, chat or other areas of this Site may be used by Our visitors for any commercial purposes not associated with KPasapp Events and transactions. You must obtain Our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. You may not transmit any chain letters or junk email to others.

 

MAKING PURCHASES

We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

 

PRICING AND AVAILABILITY

We sell tickets on behalf of Event Providers, which means we do not set the ticket prices or determine seating locations. Tickets are generally sold through several distribution points, including online, phone centers, KPasapp retail locations and box offices. Most distribution points generally access the same ticketing system and inventory. Therefore, tickets for popular events may sell out quickly.

 

 

 

ORDER CONFIRMATION

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with KPasapp customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

 

TICKET TRANSFER

Once a recipient accepts a ticket transfer, a new barcode is issued and the sender's tickets are invalid. If a ticket has been transferred multiple times, only the ticket from the last transfer will be valid for event entry – all previous ticket barcodes will be invalidated.

The sender can modify or cancel a ticket transfer before the recipient accepts the transfer – not after. Note: We may cancel transferred tickets if they were obtained fraudulently or otherwise in violation of our policies. If an event is canceled or rescheduled, only the original purchaser will be eligible for a refund.

 

CONTENT POSTED ON THE SITE

All Content is the sole responsibility of the person from whom such Content originated. KPasapp does not control, and is not responsible for user-submitted Content and that by using the Site, You may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Site may contain links to other websites, which are completely independent of KPasapp. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked Site. Likewise, KPasapp makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of the Site bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will KPasapp be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. You acknowledge that KPasapp does not pre-screen or approve Content prior to posting. KPasapp makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content: (i) You understand and agree that KPasapp may review and delete any Content that in the sole judgment of KPasapp violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) You are solely responsible for the Content that You publish or display; and (iii) by posting Content to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to KPasapp an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. KPasapp reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry , hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (l) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages (from any party) related to such exposure.

 

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You believe that a work protected by a U.S. copyright which You own has been posted or stored on Our Site without Your authorization, You may contact Our agent as follows: Via United States mail, at the address listed above or via e-mail, at [EMAIL]. Please include information sufficient to identify the work, its location on Our Site, when you accessed it, and Your copyright information. It is Our policy to terminate, in appropriate circumstances, the access rights to Our Site of repeat infringers.

 

PRIVACY

Your information is collected and utilized pursuant to Our Privacy Policy, incorporated by reference herein. We do not knowingly collect information from children. This Site is intended for use by adults only.

 

CODE OF CONDUCT

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

• Restrict or inhibit any other person from using the Site;

• Use the Site for any unlawful purpose;

• Express or imply that any statements you make are endorsed by us, without our prior written consent;

• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;

• Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;

• Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;

• Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

• Engage in spamming or flooding;

• Harvest or collect information about Site users;

• Order a number of tickets for an event that exceeds the stated limit for that event;

• Use any password or code to participate in a presale or other offer on the Site if you did not receive the password or code from us or if you violate the terms of the presale or offer; or

• Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

 

BILLING INFORMATION VERIFICATION

Orders paid by credit/debit card or bank transfer are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, KPasapp customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.

 

DELIVERY OPTIONS

Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season and the nature of the demand for the event. Please carefully review the list of delivery methods offered during the purchase process. Generally, the following delivery methods may be offered:

• Paperless mobile ticket (ticket on your mobile device)

• Print-at-Home -

• Will Call

• Credit Card Entry Ticket

PRICING AND OTHER ERRORS

If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other KPasapp operated system.

 

UNLAWFUL RESALE OF TICKETS; PROMOTIONS

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Because we do not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), we recommend that you purchase tickets directly through us, authorized partners or from the venue box office to ensure ticket authenticity. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us, provided that even if such consent is obtained, any use of our trademarks and other intellectual property is subject to our written consent.

 

MULTIPLE BROWSER WINDOWS

When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets or timer expiration.

 

MOBILE MESSAGING

We offer browsing and mobile messaging services which may include alerts, sweepstakes and offers for products. You may choose to receive mobile alerts by signing up or participating in a Promotion.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

You may opt out of any alerts by replying with the text message "STOP". If you opt out by sending us a text message, we will send you a text to confirm your request. We are not responsible for the accuracy of any information displayed in our mobile messaging, for any mis-delivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.

 

MOBILE DEVICE APPLICATION

If you install or use our mobile application, software and services, including any accompanying documentation (collectively, "App"), we grant you a limited right to install and use the App on a single authorized device located in Mexico, the United States and its territories or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. We will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).

 

LICENSE; EJECTION AND CANCELLATION; NO REDEMPTION VALUE

Event Providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Event Provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.

 

RECORDING, TRANSMISSION AND EXHIBITION

You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to us and the Event Provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

 

YOU ARE SUBJECT TO SEARCH

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

 

REPRESENTATIONS AND WARRANTIES

You represent and warrant the following: (i) You are over eighteen (18) years of age; (ii) You have the right, power, and authority to enter into and perform the User Agreements; (iii) You are not buying tickets specifically for resale and are not a re-seller, wholesaler, or bulk purchaser of tickets; (iv) You will not use Our service or Site for any unacceptable uses, as partially listed in the paragraph titled "Unacceptable Uses"; (iv) You will not use Our Site or service to violate any federal, state, and/or local law; (v) You will only use Our Site or service to transmit and disseminate information reasonably related to Your ticket purchase and/or Event information; and (vi) the information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.

DISCLAIMER OF WARRANTIES

THE SITE, IT’S CONTENT AND THE KPASAPP SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (iii) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (iv) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE USER AGREEMENTS. KPASAPP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. KPASAPP MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE KPASAPP SERVICE. KPASAPP IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT, VENUE, PROMOTER, PERFORMER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE EVENT.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES FOR ANY MATTER ARISING FROM OR RELATING TO THE USER AGREEMENTS, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (i) YOUR USE OR INABILITY TO USE THE SITE; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (iv) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (v) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND (vi) ANY PROBLEMS OR DIFFICULTIES THAT ARISE PERTAINING TO THE ISSUANCE OR PROCESSING OF TICKETS OR WITH THE EVENT ITSELF, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF KPASAPP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE TOTAL SERVICE CHARGES PAID BY YOU TO US FOR, AS APPLICABLE, YOUR MOST RECENT TICKET PURCHASE OR EVENT, AND SHALL NOT EXCEED THAT AMOUNT.

Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. You bear all risks of inclement weather. Event date and time are subject to change.

 

INDEMNIFICATION

You agree to indemnify, hold harmless, and defend Us, Our shareholders, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (i) the User Agreements and/or any breach by You thereof; (ii) Your use of the Site, including any data, content, or material transmitted or received by You; (iii) any unacceptable or objectionable use of the Site, as we determine in Our sole discretion; (iv) any negligent or willful misconduct by You; and (v) as otherwise provided in the User Agreements.

 

TERMINATION

We may terminate your right to access this Site at any time and without notice, in Our sole discretion.

 

RELATIONSHIP WITH EVENT PROFESSIONALS

KPasapp and You are and shall be independent contractors and neither party by virtue of the User Agreements shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.

 

COMPLIANCE WITH LAWS

The sale or purchase of tickets to Events may be regulated by certain state, county and city laws or regulations. This Site is further subject to United States export controls. You acknowledge that complying with laws is Your responsibility, and You agree not to hold Us liable for Your failure to comply with any law or Our failure to notify You of any law. If you are in Mexico, the Mexican laws shall apply.

INTERNATIONAL USERS

This Site is controlled, operated and administered by Us within the United States and Mexico. We make no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and Mexico and access to them from territories where the contents or products available through the Site are illegal is prohibited. If You access this Site from a location outside of the United States and Mexico, You are responsible for compliance with all local laws and regulations.

 

GOVERNING LAW AND FORUM

The User Agreements are made in, and shall be governed by, the laws of the State of [STATE], excluding its conflicts-of-law provisions. All actions, claims, or disputes arising under or relating to the User Agreements shall be brought in the federal or state courts of [STATE]. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in [STATE]. You hereby irrevocably waive any and all objections which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in [STATE] and to the venue of any such suit, action, or proceeding brought in any federal or state court in [STATE]. However users from Mexico are bound by Mexican laws. The venue for any dispute will change accordingly.

 

REMEDIES

In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of the User Agreements, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in the User Agreements shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You. You understand and agree that in KPasapp's sole discretion, and without prior notice, KPasapp may terminate and block Your access to the Site or to its services.

 

SURVIVABILITY

The respective rights and obligations of the parties under the paragraphs titled "Representations and Warranties" (in the T&CS), "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "Governing Law and Forum" and as otherwise provided in the User Agreements, shall survive any termination or expiration of the User Agreements.

 

INTEGRATION AND CONFLICTING TERMS

The User Agreements constitute the complete and exclusive statement and agreement between KPasapp and You with respect to use of this Site and the User Agreements supersede any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between You and Us concerning the use of the Site and Our service. The terms of the T&CS and of any other agreements shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the T&Cs shall control.

 

NOTICE

Except as provided herein, all notices relating to the Site, Your use thereof, and/or the User Agreements sent by either party shall deemed to be delivered when sent via e-mail to the other party's last known e-mail address.

 

WAIVER

No waiver of any term, provision or condition of the User Agreements, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of the User Agreements, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition of the User Agreements. No waiver shall be binding unless executed in writing by the party making the waiver.

 

MODIFICATION AND AMENDMENT

We have the right, at any time and without notice, to add or modify the terms of the User Agreements. Your access to or use of the Site after the date such amended terms are added shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.

 

FORCE MAJEURE

If the performance of any part of the User Agreements by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.

 

SEVERABILITY

If any one or more of the provisions contained in the User Agreements shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of the User Agreements, which shall be enforceable to the fullest extent permitted by law.

 

NO ASSIGNMENT OR DELEGATION

No rights, obligations, or duties under the User Agreements shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.

 

SUCCESSORS AND ASSIGNS

Except as otherwise expressly provided in the User Agreements, the User Agreements shall inure to the benefit of and be binding upon both parties, their successors, assigns, heirs, executors, administrators, and legal representatives.