Terms of Service

v1.1 Last Update: July 25, 2014

Introduction

Thank you for visiting Rabbl. This document constitutes the Terms of Service which govern our Site and Service, and we require that you read and agree to them. Please read through this document carefully and, if you do not understand anything, seek the advice of licensed independent legal counsel to assist you. The right to use our Site and Service is contingent on your agreement to these Terms of Service and you must discontinue using our Site and Service immediately if you do not agree to the terms found herein.

2. Corporate Information

Rabbl.com is wholly-owned and operated by Rabbl, Inc., a body corporate lawfully doing business in the State of California. Unless otherwise required or permitted by law, the terms of this Agreement, or our Privacy Policy, any legal documents to be served or general inquiries should be addressed to our agent for service at:

  • Rabbl, Inc.
  • 2836 Folsom Street
  • San Francisco, California 94110

  • United States

3. DEFINITIONS

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

  • “Agreement” means these Terms of Service;
  • “Band” refers to a performing artist, whether that artist is a group of individuals or a single individual;
  • “Fan” refers to a person buying a ticket or tickets from a Band;
  • “Rabbl” refers to our company, known as “Rabbl, Inc.”; our Site (www.rabbl.com); our Service (known as “Rabbl” and operating at our Site); or when in its lowercase form, a campaign for a potential show, depending on the context of the word;
  • “Service” refers to the services that we provide through our Site, including our rabbl advertising and payment processing services;
  • “Site” refers to our website, www.rabbl.com;
  • “User” refers to Bands, Fans, and general visitors to Rabbl’s Site;
  • “You” refers to you, the person who is entering into this Agreement with Rabbl, Inc.
  • 4. RABBL’S BUSINESS MODEL

    Rabbl is an eponymous business which deals in the promotion of “rabbls.” Rabbls are promotional campaigns that we permit Bands to conduct for the sale of tickets to their tentative events. If enough tickets are sold to Fans, the event is scheduled to occur. The method in which a rabbl is conducted is by asking, “Should this ARTIST play this TOWN during this PERIOD at this PRICE,” or some other similar question format as approved by Rabbl.com. A Fan may vote in the affirmative by reserving a ticket with their credit card or PayPal account. At the time of reserving a ticket, the exact show date, show time, and venue are unknown, but will occur at some point during the listed period and at some place within the listed town.

    If a rabbl fails to generate the necessary votes in the affirmative, the credit card used will not be charged. If the rabbl gains the necessary votes but the event it described does not occur, all funds will be refunded to the individuals who remitted funds to Rabbl, Inc.

    5. Eligibility

    In order to use our Service, you must agree to the following:

    • You must not be in violation of any embargoes, export controls, or other laws of the United States or other countries having jurisdiction over this Agreement, Rabbl, Inc., and yourself. For example, if the Office of Foreign Assets Control prohibits conducting financial transactions with nationals, residents, or banks of your country, you must not use our Service.
    • You must not have previously created any other profile with Rabbl, unless you receive prior permission from Rabbl to create an additional account.
    • You must be at least 13 years old to use and access our Site.
    • You must have your parent’s permission and authorization before purchasing anything through our Service if you are under the age of 18 or the age of consent in your local jurisdiction.
    • You must meet any age restrictions listed on the tickets page in order to attend certain events listed on the Rabbl Service.
    • You must, if signing up on behalf of a person or persons other than yourself (such as a corporation or a Band), be authorized by all such persons to create the Rabbl account and bind them to any agreements into which you may represent yourself as entering on their behalf.
    • You must provide us with personal information, payment information, and other information that we deem necessary to provide you with our Service.
    • If a Band, you must properly report all income as required to the Internal Revenue Service and any other governmental entity that may require it. You acknowledge that Rabbl, Inc. is not required to conduct your recordkeeping for you or to report any income information to the tax authorities.

    You agree that your failure to abide by any of these requirements may lead to the termination of your use of our Site and Service. When purchasing your tickets through the Rabbl Service, please be mindful of any age restrictions listed on the purchase page. The age restrictions are set by the venue or the Band that uses the Rabbl Service and not by Rabbl. Therefore, Rabbl cannot refund any tickets for your failure to abide by any age restrictions.

    6. Nature of Service

    All Users are using Rabbl, Inc. solely as an intermediary. Rabbl does not personally organize any events or make any representations as to the reliability of Bands which may advertise using its Service. Rabbl is in no way a party to any contract and you hereby agree that you will not name Rabbl, Inc. or any of its officers, directors, employees, or other individuals acting on its behalf as a defendant in any dispute arising from the non-performance of any obligations by any User.

    7. Our Rules

    Once you have signed up to Rabbl, you may use our Service as a Band, a Fan, or both. The following rules apply to anyone who uses our Service. You must not:

    • Violate the laws of the United States, its states, or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
    • Post or send anything violent, threatening, pornographic, racist, hateful, or otherwise objectionable according to the opinion of Rabbl or its delegates.
    • Post rabbls on which you have no intention of following through.
    • Make fraudulent or negligent misrepresentations (including using fraudulent Facebook addresses to use our Service).
    • Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
    • Use our Service to post advertisements which are unrelated to any actual Band event or other event authorized by Rabbl to be advertised (e.g., use our Service for what an objective person would described as “spam”).
    • Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Rabbl Site, Service, or its Users’ computers.
    • Commit any unlawful, dangerous, or disreputable acts at any event you attend or organize. What constitutes dangerous or disreputable shall be at Rabbl’s discretion to determine.
    • Arrange to buy or sell tickets for an event outside of the Service with a User who you made first contact with through the Rabbl Service, in relation to that venue. In other words, you may sell tickets to third parties for a venue who do not use Rabbl, and you may sell tickets independently to a subsequent event to people you found through Rabbl initially, but you must only sell tickets through Rabbl if the person to whom you are selling the ticket found out about your event through Rabbl.

      8. Payment, Performance, and Refunds

      Payment can be made by PayPal, including credit cards accepted by PayPal. All prices are listed in United States dollars, and there is a limit of two tickets available per Fan.

      Fans will be assessed a service fee on top of the ticket price to reserve tickets, and this fee shall be published on our Site.

      If a Band performs the event as described in their rabbl as promised, they will receive all of the funds we collect from Fans for that event (less the service fees we charge to fans and any PayPal or other payment processing fees).

      We transfer money to bands via the PayPal e-mail address that they enter in their account profile when they register. We will only send the money if we can confirm with Fans that that the show happened. Bands will not, in any event, receive money from Rabbl prior to the performance of their event, or at the event. Rather, they will receive the money three to seven days later, in order to permit a reporting time for Fans to notify us if the event did not occur.

      In the event that Fans report to us that the event listed in the rabbl did not occur, we will investigate to determine whether the event occurred. If it occurred, the funds will be released to the Band. If it did not occur, the funds will be refunded to the Fans. All decisions in such instances are final and at the sole discretion of Rabbl.

      9. Chargebacks, Credit Card Cancellations, and PayPal Disputes

      Where a User provides payment to Rabbl, and that amount of money is subsequently taken from Rabbl due to a chargeback, credit card cancellation, PayPal dispute, or other action that is the fault of the User, Rabbl is entitled to recover that amount from the User. Users agree that both the Band and Fan in relation to a payment made pursuant to a rabbl are jointly and severally liable to Rabbl for any chargeback or other loss incurred by Rabbl as described in this section, as Rabbl is not able to determine whether a chargeback or similar measure is conducted solely on the part of a Fan, or in concert with a Band to defraud Rabbl. Any disputes about the culpability of a User for another User’s loss arising from the exercise of Rabbl’s rights under this section should be resolved amongst the Users in their own civil action which does not involve Rabbl.

      10. Delivery

      A physical copy of a ticket will not be given to Fans. Instead, we place your name on a list which is given to the event’s organizers, and you must attend the event with a piece of government-issued, non-expired photo identification to verify your identity. You must list your name with us as it appears on your approved identification document or you may be unable to access the event.

      11. Ticket Transfers

      Rabbl may, but is not obligated to, give Fans the option of transferring their tickets to other parties. The transferor may charge the transferee for the transfer of such ticket, but it must not exceed the cost of the ticket and any additional fees originally charged by Rabbl to the transferor. In order to conduct a transfer, the transferor must appear at the relevant venue with the transferee to authorize the transfer.

      12. Our Copyright

      Our Site’s business model depends on, among other things, the uniqueness of our Service and content. Therefore, you agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site, including rabbl descriptions and User profiles submitted by third parties to Rabbl, without receiving our prior written permission.

      13. Your Copyright

      Rabbl must be assured that it has the right to use the content that is posted to its Site by its Users, whether it is posted by Bands or Fans. Such content may include, but is not limited to, photographs, videos, text, audio, artwork, and other materials. Whenever submitting content to our website, you agree that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, the content that you submit to us, to the extent that it is to promote your rabbl or communicate our Service. We will not use this content for any other purpose unless authorized or required by law, or given permission by you to do so. You warrant to us that you have the right to grant us this right over the content, and that you will indemnify us for any loss resulting from a breach of this warranty and defend us against claims regarding the same.

      14. Trademarks

      “Rabbl” is a trademark used by us, Rabbl, Inc., to uniquely identify our Site, Service, and business. You agree not to use this phrase anywhere without our prior written consent; we hereby grant consent to use our trademark in connection with the description of the actual or potential use of our Service (as opposed to using it to describe a third party service unaffiliated with Rabbl.com). Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own business which promotes venues for performing artists or other venues.

      15. Revocation of Consent

      We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

      16. Copyright & Trademark Infringement

      Users must not post any rabbls, User profiles, or other content that infringes on anyone’s copyright, but it may happen. We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

      • Your name.
      • The name of the party whose copyright has been infringed, if different from your name.
      • The name and description of the work that is being infringed.
      • The location on our website of the infringing copy.
      • A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
      • A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
      • You must sign this notification and send it to our Copyright Agent at help@rabbl.com. Since sending the notification by e-mail, an electronic signature is acceptable.

      Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

      17. Communications Decency Act

      Similar to the DMCA provisions above, United States law—specifically Section 230 of the Communications Decency Act—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our website, including individuals who may impersonate bands. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation and impersonation under this Agreement and we will, if we believe the situation warrants it, take action against the offending User. Please notify us at help@rabbl.com if any of our Users have posted anything that you believe is defamatory.

      In cases where we believe there is ambiguity as to the lawfulness of a User’s actions, we may require proof of a court order from a United States court or court from another country whose laws we believe comply with the United States Constitution declaring that the complained-about speech is unlawful. Note that nothing in this section should be construed as a promise to respond to such court orders or complaints about defamation, and this is not a waiver of our legal protection against third party speech, and we take these measures solely on a voluntary basis to maintain the quality of our Service.

      18. Representations & Warranties

      WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

      YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

      WE ARE NOT RESPONSIBLE FOR ANY FAILURE OF ON THE PART OF A FAN OR BAND TO PERFORM THEIR CONTRACTUAL OBLIGATIONS, OR ANY COMMISSION BY SUCH PARTIES OF FRAUD OR ANY OTHER TORT OR CRIME.

      WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.

      WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.

      THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

      For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

      IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

      19. Indemnity

      You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our website or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

      20. Choice of Law

      This Agreement shall be governed by the laws in force in the State of California. The offer and acceptance of this contract are deemed to have occurred in the State of California. Rabbl, Inc. does not require its Users to elect a jurisdiction’s laws to apply to their agreement regarding ticket sales with each other, though we recommend applying Californian law for the sake of consistency.

      21. Forum of Dispute

      You agree that any dispute arising from or relating to this Agreement which names Rabbl, Inc. or any party acting on its behalf as a party to the dispute will be heard solely by a court of competent jurisdiction in the State of California. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within the Small Claims Court.

      If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

      If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.

      If the subject matter would be eligible to be heard by the Small Claims Court but cannot be heard through no fault of Rabbl, Inc.’s (e.g., because you have initiated two claims in the Small Claims Court in California in the last year), the case shall be heard in the next most summary court, and you agree to compensate Rabbl, Inc. for any increased legal or court fees that it would not have paid had the matter been heard in the Small Claims Court.

      You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

      If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

      You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

      22. Force Majeure

      You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

      Rabbl, Inc. is not required to release a Band from its obligations to Fans as a result of any force majeure.

      23. Severability

      In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

      If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Rabbl, Inc. shall have the sole right to elect which provision remains in force.

      Disputes amongst Users where Rabbl is not a party shall have any inconsistent provisions resolved according to their mutual agreement or, in a case where they cannot agree, by a court of competent jurisdiction in accordance with this Agreement’s dispute provisions.

      24. Non-Waiver

      Rabbl, Inc. reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

      25. Termination & Cancellation

      We may terminate your account or access as well as access to our Site and Service to you at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered (including unperformed events), except in cases where the termination or cancellation was due to your breach of this Agreement, in which case you agree that we are not required to provide any refund or other compensation whatsoever. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

      Please be advised that, notwithstanding anything in this Agreement or in our Privacy Policy, the termination of your account will not result in the deletion of previously public activity on Rabbl (such as your votes in relation to a rabbl and a thumbnail picture extracted from your Facebook profile).

      26. Assignment of Rights

      You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

      27. Amendments

      We may amend this Agreement from time to time. When we amend this Agreement, we will post the changes here and updated the “Last Modified” date. You must check this page each time you access our Site or Service and your continued use shall constitute your acceptance of any amended versions of this Agreement. If you do not agree to the changes, you must cease using our Site and Service immediately and inform us of your non-agreement with sufficient information to identify your account at help@rabbl.com so that we may disable your account.

      28. California Users and Residents

      Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Rabbl must be addressed to our agent for notice and sent via certified mail to: Rabbl, Inc., 2836 Folsom Street, San Francisco, California, 94110, United States.

      Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.