Prekindle Terms of Use

Date of last revision - September 30, 2024

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY. CONTINUED USE OF THE SITE AND SERVICE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE AND YOUR AGREEMENT TO OUR PRIVACY POLICY. OUR WEBSITE IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OR CONDITIONS, OR OUR PRIVACY POLICY, DO NOT USE, ACCESS OR USE OUR WEBSITE.

The following are the Terms of Use (“Terms” or “Agreement”) that govern the use of Prekindle.com (the “Site”):

These Terms apply whether you are a “Visitor” (which means that you simply browse the Site), or a “Customer” (which means that you are an existing Customer of Prekindle). These Terms are a legally binding agreement between you on one hand, and Prekindle on the other, and contain important information about the Site and your use of the Site. If you do not agree to these Terms of Use, you must not access or use the Site.

You may not use our Site, and you may not accept this Agreement, if you are not of a legal age to form a binding contract with Prekindle. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind. Before you continue, you should print or save a local copy of this Agreement for your records.

Permitted Use

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 or as agreed to by Prekindle, and you agree not to duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets, unless otherwise specifically authorized by Prekindle to do so. Prekindle encourages social cross-promotion of events, as such you are authorized to link to the Site’s home page or a specific event’s promotion page from other web sites or communications and may make mention of the name of the event, name of the venue, and/or the lineup of the event.

The content and software on this Site is the property of Prekindle and/or its suppliers and is protected by U.S. copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits. These Terms give you a non-exclusive license to copy the Site for your own personal use only so long as you comply with all of the terms and conditions set forth herein. Any violation of these Terms exceeds the scope of that license.

Truthfulness and Accuracy of the Information You Provide; Complying with Laws; Verifications and Authorizations

The sale or purchase of tickets to events may be regulated by certain state, county and city laws or regulations. 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, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT, WHERE REQUIRED BY LAW. You may be asked to provide information during various processes that you engage in on the Site. You represent and warrant that all 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. You agree that you will only use credit cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Site.

Services

Prekindle shall provide the following services:

• display and list events as submitted by the event creator/organizer
• accept and process your orders and/or payments for tickets
• provide you with a confirmation number and receipt for your transactions
• process refunds, according to our Refund Policy and, where applicable, to the creator/organizer’s refund policy

Payment and Service Charges

Prekindle accepts credit card payments. A service fee, determined by Prekindle, will be applied to all tickets purchased by you. This fee will be clearly evident as part of the ticket purchasing process. Your order will be processed as quickly as possible. We reserve the right to cancel your transaction and sell the tickets to another buyer if we have any problems verifying your information.

Ticket Delivery

Prekindle will email you a receipt after a successful transaction. This receipt will contain all the information you will need to attend the event. If you do not receive the email, or have lost it, you must contact customer support at the email address or phone number indicated on our Site to receive another one.

Refunds and Event Cancellation

No refunds or exchanges will be made except in the case of event cancellation by the event creator/organizer or by Prekindle, in accordance with our Refund Policy or that of the event creator/organizer. Any request for a refund must be made no later than 30 days after the event’s scheduled date, except as specifically allowed by the event creator/organizer. You must be thorough in your examination of the event details provided by the event organizer. If you feel you have been misled by the event organizer, contact customer support. Please read the detailed Refund Policy.

If an event is canceled, we will issue a refund as quickly as possible. In most cases there will be a small refund processing fee.

Booking Protection

If you purchased Booking Protection with your order please see your receipt email for information on applying for a refund. Review the general terms and specific COVID-19 terms before proceeding. Booking Protection fees will not be refunded.

Event Admittance

Venues will meter admittance to the event at the door. You must provide valid identification that corresponds to the identity of that specified during the purchase. Venues will also have various restrictions on the admittance to their events. For instance, age limits may be in place. It is your responsibility when purchasing tickets to review the information provided by the venue to make sure you will be granted access to the event. Venues also reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who fails to comply with venue rules. Breach of venue 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.

By attending this event, you acknowledge COVID-19’s contagiousness and voluntarily assume exposure or infection risks, which may result in injury, illness, disability, or death. Event organizers have implemented preventive measures but cannot guarantee no infections. You accept responsibility for any consequences due to your own or others’ actions, including event organizers and their affiliates, and release them from liability. You certify you are physically able to attend, have not been advised otherwise, have not knowingly been in contact with COVID-19, and are not exhibiting relevant symptoms. You agree to comply with event rules, including zero tolerance for impaired/drunk driving.

License Terms

You have a non-exclusive, limited, revocable license to visit and use the Site while you are in compliance with these Terms, and all other conditions and limitations described for use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges of any kind with respect to the Site or any content on the Site.

Unauthorized Use of the Site

Any illegal or unauthorized use of the Site shall constitute a violation of these Terms. You do not have permission to access the Site in any way that violates, directly or indirectly, these Terms. Illegal or unauthorized use of the Site includes, but is not limited to, using the Site to facilitate illegal ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated process on the Site.

You may not use any software, tool, data, device or other mechanism to “scrape” or otherwise compile data on this Site.

Security of Your Password

You are responsible for selecting any password and its overall security strength, ensuring the security of your own information within the bounds of our services. For example, you must ensure that any passwords associated with accessing your account and accounts are secure and confidential.

Disclaimers

PREKINDLE DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. PREKINDLE CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. PREKINDLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PREKINDLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, OR PUNITIVE AND CONSEQUENTIAL DAMAGES. PREKINDLE MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE PREKINDLE SERVICE.

PREKINDLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, PREKINDLE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE PREKINDLE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE PREKINDLE SERVICE.

PREKINDLE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, ORGANIZER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT THE VENUE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Prekindle. Prekindle may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

IN NO EVENT WILL PREKINDLE BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES, EVEN IF PREKINDLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If you have a dispute with Prekindle’s services or these Terms, then the dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in a state or federal court located in Dallas, Texas.

Unauthorized Resale Restriction

Prekindle, together with its clients and partners, hereby asserts the entitlement to revoke any order at its sole discretion, whether prompted by unauthorized resale on third-party platforms or mere suspicion of such resale on third-party platforms.

Modifications to the Terms

Prekindle reserves the right, in its sole discretion, to alter, adjust, supplement, or eliminate segments of these Terms. It is advisable to regularly check the Site for any updates. Any amendments to the Terms will become effective once they are published. Your ongoing engagement with the Site after the implementation date of any modifications signifies your compliance with and acceptance of the revised Terms.