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1.1 Vibing Ticket is an internet based entertainment ticketing and registration portal, providing services through its website and mobile applications. Vibing Ticket helps people create & promote events, provide registration options, buy or sell tickets and manage events.
1.2. Vibing Ticket is operated by Vibing Entertainment LLP, incorporated under the laws of India and having its principle place of business at#677, 1st Floor, Suite No.139, 27th Main, 13th Cross,HSR Layout, Sector 1, Bangalore,Karnataka, India 560 102.
1.3. The terms of use (“agreement”) set out the terms and conditions on which Kosmotix shall provide the services to its users through its website and mobile applications. Any reference to Vibing Ticket includes, reference to its directors, affiliates, partners and authorized personnel’s.
1.4. The user, shall be entitled to avail the required services only after reading and accepting the terms of use. The terms of may be updated or modified by Vibing Ticket from time to time. Such Terms of Use shall be deemed to be a part of this Agreement and in the event of a conflict between such terms of use and this Agreement, the terms of this Agreement shall prevail.
1.5. Vibing Ticket, through its services shall provide, inter-alia entertainment-related information, tickets, pricing, availability and reservations for various events, cinemas, plays, concerts, sports events across the country. ("herein after referred to as Service").
1.6. Through its Services, Vibing Ticket provides a means for registered users who are event organizers, event planners, charitable and non-governmental organizations and others (“Organizers”) to create event registration, manage tickets, to promote their events, to sell tickets, solicit donations, sell merchandise related to those events to users who wish to make purchases, registrations or donations from or to such events (hereinafter referred to as “Users”).
1.7. The above stated services shall be provided by Vibing Ticket’s websites and domains, including www.vibingticket.com , and all of the web pages, sub domains, country level domain variants and subparts of those websites (collectively, our “Site”).
1.8. The services available on or through the Site or otherwise provided (including our application programming interfaces), and free mobile applications, including without limitation, Vibing Ticket software, the Vibing Ticket application (collectively, the “Applications”) are offered, maintained and provided by Vibing Ticket.
1.9. The website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Vibing Ticket or the Website and Vibing Ticket is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
1.10. Vibing Ticket is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Vibing Ticket is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Vibing Ticket or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
1.11. Vibing Ticket is not responsible for any errors, omissions or representations on any Linked Site. Vibing Ticket does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
1.12. The use of the website and applications is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms of use, as may be posted on the website from time to time. For the removal of doubts, it is clarified that use of the website by the user constitutes an acknowledgement and acceptance by the user of this Agreement and the Terms of use.
1.13. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service Provider with whom the User elects to deal, including terms and conditions set forth in a Service Providers. In the event that any of the terms, conditions and notices contained in this Agreement or the Terms of Service conflict with the additional/other terms and guidelines specified by the Service Provider, then the latter terms/guidelines shall prevail.
2.1. In consideration of use of the Website, the User represents and confirms that the User is of legal age to enter into a binding contract and is not a person barred from using the Website and/or receiving the Services under the laws of India or other applicable law.
2.2. To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by the User.
2.3. The user also understands that the services may include certain communications from Vibing Ticket as service announcements and administrative messages.
2.4. The user understands and agrees that the services are provided on an "as is" basis and that Vibing Ticket does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
2.5. The Registration of the User on the website as well as the application is optional. If the User opts to register himself on the website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. However, if the user registers from any third party application, such as face book, the id shall not be provided. In such a case, Vibing Ticket does not store the ID and the same will be dealt by third parties.
2.6. The User is responsible for the security of its user password and for all transactions undertaken using password through services provided by Vibing Ticket. The Password entered by the user is transmitted in one- way encrypted form to the database and stored as such. Thus the Password will not be known even to Vibing Ticket.
2.7. The User confirms that it is the authorised holder of the credit card/debit card or has been authorized to use the net banking services of the respective banks on the website or on the mobile application. Vibing Ticket shall not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of users ID/password/credit card/debit card number/account details number for using Vibing Ticket Services.
2.8. The user also agrees and undertakes to immediately notify Vibing Ticket of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Vibing Ticket shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
2.9. The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Vibing Ticket has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibing Ticket has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
2.10. Vibing Ticket also caters to the service providers, namely the Event Organizers. The Service Providers, agree, specifically, to provide the true details of their name, address, age, company name, name of directors as prompted by the registration form. The service providers shall maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Vibing Ticket has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibing Ticket has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
2.11. The service provider/event organizer undertakes to (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Vibing Ticket has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vibing Ticket has the right to suspend or terminate the service provider/event organizer’s registration and refuse any and all current or future use of the Website and/or any Service.
2.12. The service provider/event organizer, will ensure that the information provided is genuine. The event organizer, will give all the necessary information in the settings. The service provider/event organizer shall provide its service/sales tax number, nature of business, banking details, provide a copy of the cancelled cheque, PAN number, TAN number, Identification proof, address proof and all the necessary documents which are mandated as per law. Vibing Ticket reserves the right to cancel the registration of a service provider/event organizer in case of incomplete information or wrong information.
2.13. The User grants Vibing Ticket the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Service and to improve service and customer experience.
2.14. Vibing Ticket has endeavoured to ensure that all the information on the website is correct, however, Vibing Ticket neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained therein.
2.15. The users, inclusive of the service providers, event organizers agree that Vibing Ticket only acts as a facilitator between the user and the service provider. As such, Vibing Ticket shall not have any liability whatsoever, in respect of the services being offered by the service provider and utilized by the user.
2.16. Vibing Ticket assures its users that it has taken reasonable commercial efforts to ensure that the description and content on each page of the website is correct. However, Vibing Ticket, shall not take responsibility for changes that occurred due to human or data entry errors or be responsible for any loss or damages suffered by any user due to any information contained herein.
2.17. It is made clear that Vibing Ticket is not the service provider and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the service providers.
2.18. Vibing Ticket does not endorse any service provider on its website or on its applications in any manner. The veracity of the services offered and accuracy of all information may be verified by the user on their own before relying on any such information.
2.19. Vibing Ticket provides services using a commercially reasonable level of skill and care. It is the endeavour of Vibing Ticket to keep Vibing Ticket up, bug-free and safe, however the services provided on the website are to be used at the users own risk and cost. The services provided by Vibing Ticket are on an “as is” and “as available” basis. Vibing Ticket hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose by way of example, Vibing Ticket makes no warranty that a). the services (or any portion of the services) will meet the users requirements or expectations; b). the services will be uninterrupted, timely, secure, or error-free; or c). the results that may be obtained from the use of the services will be accurate or reliable.
2.20. Vibing Ticket has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any users, content or listings or the ability of any user to perform or actually complete a transaction and Vibing Ticket is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the services, and Vibing Ticket takes no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third parties.
2.21. As a condition of the use of the website and applications, the User warrants that they will not use the Website and the applications for any purpose that is unlawful or illegal under any law for the time being in force within or outside India or prohibited by this Agreement and/or the Terms of Service including both specific and implied. In addition, the Website and the applications shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website and applications. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the website and applications.
2.22. The website and the applications may contain services such as email, chat, bulletin board services, blogs, news pages, invite functionality, push notification functionality, registration functionality & other user specific functionalities, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
2.23. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters;download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner;falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website and applications contained elsewhere herein. Vibing Ticket does not control or endorse the content, messages or information found and specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
2.24. Vibing Ticket also provides to its users services such as push notification and invite functionality, which enable the users to send emails/notification to numerous persons by uploading a CSV file which has the contact details. The user/service provider shall use such services at its own risk and cost and Vibing Ticket shall not be responsible for any harm, loss, damage caused due to such use.
2.25. Vibing Ticket reserves the right to review materials posted through by any user and to remove any materials in its sole discretion.
2.26. Vibing Ticket reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
2.27. Vibing Ticket reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Vibing Tickets sole discretion.
2.28. The User further agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Vibing Ticket name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
3.1. Vibing Ticket and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees and any applicable card schemes, shall not be liable under any circumstances or under any legal theory, whether in tort, contract, or otherwise, with respect to the services, or any other subject matter of these terms of service, including without limitation the terms of use, the merchant agreement, alliance agreement, vendor agreements and any other third party agreements and any other part of these terms of service.
3.2. Vibing Ticket and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees for in no event shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) the cost of procurement of substitute goods and services or resulting from any goods, information or services purchased or obtained or messages received or transactions entered into through the services; (c) unauthorized access to or alteration of the user's transmissions or data; (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website.
3.3. Vibing Ticket and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, employees for in no event shall be liable for any internet fraud, not limited to siphoning, identity theft etc committed by any third person or by the user or the service provider. The user or the service provider shall take all the reasonable precautions in this regard.
3.4. Vibing Ticket shall not be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise.
3.5. Vibing Ticket shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond its control. It shall also not be responsible for connectivity issues, Bank or e-wallet connectivity issues, or any other reason which leads to suspension of Services.
3.6. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems Mobile phones, Tablets, Phablets or any other stand alone or handheld device. , moor loss of data that results from the download of such material and/or data.
3.7. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
3.8. Vibing Ticket shall have no liability whatsoever arising under any circumstances, in respect of any services offered on the site. In no case the liability shall include any consequential loss, damage or additional expense whatsoever.
4.1. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Vibing Ticket in respect of the website and its applications.
4.2. The User further consents that the terms and contents of such Privacy Policy are acceptable to him.
5.1. The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Vibing Ticket in respect of the website and its applications.
5.2. The User further consents that the terms and contents of such Cookie Policy are acceptable to him.
6.1. The User hereby consents, expresses and agrees that he has read and fully understands the Refund and Cancellation Policy of Vibing Ticket in respect of the website and its applications.
6.2. The User further consents that the terms and contents of such Refund and Cancellation policy are acceptable to him.
6.3. Commencement of booking depends entirely on the event. The event shall be made available for booking as soon as the service provider makes the event applicable on the website or the mobile application. A nominal fee of will be charged by Vibing Ticket for every booking and service tax on the convenience fee and any other government taxes if applicable.
6.4. The quantity of tickets for the events or the merchandise to be sold may vary from time to time. However, Vibing Ticket only allows a maximum of 10 tickets per transaction. In case, you wish to book more than 10 tickets, please feel free to contact us.
6.5. As soon as your booking is confirmed, a confirmation e-mail and SMS containing your booking details is sent across to the contact details entered while booking. In case you have not received the confirmation e-mail/SMS, a confirmation e-mail/SMS would be resent to you if your request us. In case you do not receive any confirmatory email, please get in touch with us.
6.6. When the booking is successful the event tickets and the event tickets are confirmed and paid for, the same can be collected at the event any time before the show. Please note that the user will be required to show the Credit/Debit card used while transacting along with the confirmation E-mail/SMS and sign on the acknowledgement slip while collecting the tickets. The service providers shall ensure that the user is provided with all the necessary assistance and the tickets are provided at the venue. It shall be the responsibility of the service provider to provide the tickets and Vibing Ticket shall in no event and circumstances be responsible for the delay in procurement of the ticket and booking of the event.
6.7. Once a ticket is booked, it is deemed as sold and there is no privilege to revise the booking details. Once a ticket has been paid for, it is deemed sold. It cannot be replaced or cancelled.
6.8. The bookings on Vibing Ticket can be made through Debit/Credit Card, Net banking, Cash Card / Mobile / Wallet, Gift Voucher Redeem points(Payback & Reward Points).
6.9. In case an event or show is cancelled due to unforeseen circumstances, the transaction will be refunded and depending on Event Organiser & each bank's policy, it can sometimes take up to 15 working days for the reversal to take effect.
We do not have any responsibility. It is the responsibility of the Event Organiser to ensure that refunds are received by you.
We transfer payments received from all ticket buyers to event organiser on 10th, 20th & last day of the month. 90% of the payments due are transferred to Event Organisers on these dates as & when possible as per our Terms of Use policy.
Final settlement is done to Event Organiser within 17 days from the time event ends.
In case of any cancellations Event Organiser is wholly & solely responsible for refunds.
6.10. Vibing Ticket for each booking on for the event shall charge a transaction fee from the Service Provider.
6.11. Vibing Ticket shall also provide special services for the purpose of advertisements. Vibing Ticket in this regard, reserves its right to charge on case to case basis.
7.1. Vibing Ticket reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Vibing Ticket Services. Vibing Ticket further reserves the right to alter any and all fees from time to time, without notice.
7.2. The User/event organizer shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the Vibing Ticket Services.
7.3. Vibing Ticket shall collect the payment/ticket fee on behalf of the Event Organizer/Service Provider. Vibing Ticket shall release 90 % of the payment received within 7 days from the start of ticket sales. The remaining 10 % shall be paid/refunded to the Service Provider/Event organizer at the time of final settlement. Vibing Ticket reserves its right to change the said policy after duly informing the concerned service provider and event organizer.
7.4. The service provider/event organizer shall be responsible and liable to pay all the charges which would be borne out of transfers of the said payment to the event organizer/service provider. The amounts so withheld by Vibing Ticket shall be interest free and the service provider/event organizer undertakes not to make any claims for loss of interest or otherwise.
7.5. Vibing Ticket reserves the right to withhold payments to the service provider/event organizer in case of a fraud/illegal activity. The amounts in such cases shall be transferred only if so directed by the competent court of law.
7.6.In case there is any discrepancy in the accounts of Vibing Ticket and event organizer/service provider, the details of accounts maintained by Vibing Ticket shall prevail and the payment to the service provider/event organizer shall be made only in terms of the accounts being maintained by Vibing Ticket.
8.1. The event organizer/service provider shall not create events which will be in contravention of any law or morality. The Event Organizer shall not create any event which will hurt religious sentiments or be against public morality or prejudicial to the interests of India. Vibing Ticket shall have the sole discretion to remove the event from its webpage and mobile application, if the said event is in contravention of any law, morality and ethics or infringes any copyright or trademark. Vibing Ticket shall not be responsible for any loss, damage or action due to the acts of the event organizer/service provider.
8.2. The user understands that the events as organized by the organizer are public and private events and the rights of admission are reserved. The user understands that Vibing Ticket does not have any control over the public and private events and the same are the prerogative of the service provider and the event organizer. Vibing Ticket shall not be held responsible for any dispute in relation to the said event.
8.3. The user as well as the service provider and the event organizer understand that Vibing Ticket does not confirm or assure attendance/footfalls at the said event.
9.1. Vibing Ticket reserves its right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
9.2. Without prejudice to the other remedies available to Vibing Ticket under this agreement, Vibing Ticket may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if:(a) the user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference; (b) Vibing Ticket is unable to verify or authenticate any information provided by the user; or (c) Vibing Ticket believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and applications. d). or of so directed by the government agencies
9.3. Vibing Ticket may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with Vibing Ticket or use the website in any manner whatsoever until such time that the user is reinstated by Vibing Ticket. Notwithstanding the foregoing, if the user breaches this agreement, the terms of service or the documents it incorporates by reference, Vibing Ticket reserves the right to recover any amounts due and owing by the user to Vibing Ticket and/or the service provider and to take strict legal action as Vibing Ticket deems necessary.
9.4. The User agrees that Vibing Ticket may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement or the Terms of service, requests by enforcement or government agencies, requests by the User, non-payment of fees owed by the User in connection with the Services.
9.5. This Agreement may be terminated by either the User/service provider or Vibing Ticket through a written notice to the other. Vibing Ticket shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement, any Terms of service or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Vibing Ticket of such discontinuance.
9.6. Upon termination of the Service, User's/service providers right to use the Website/Services and software shall immediately cease. The User shall have no right and Vibing Ticket shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
10.1. The trademarks, service marks and logos of Vibing Ticket (the “Vibing Ticket Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Vibing Ticket. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third Party Trademarks,” and, collectively with Vibing Ticket Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of Vibing Ticket specific for each such use. The Trademarks may not be used to disparage Vibing Ticket, any third party or Vibing Ticket’s or such third party’s products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Vibing Ticket approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Vibing Ticket Trademark shall inure to Vibing Ticket’s benefit.
10.2. The User/service provider/event organizer acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution. The event organizer/service provider shall have the liberty to upload its own logo and co-organizer logo on the website and the mobile application. Vibing Ticket shall not be responsible for the logo uploaded by the event organizer in any circumstances whatsoever.
10.3. Vibing Ticket may in the course of its service provide the User with content such as sound, photographs, graphics, video, textual content or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Vibing Ticket and shall not copy, transmit or create derivative works of such material without express authorization from Vibing Ticket.
11.1. This agreement along with the terms of service, including the terms of use, and any other part of these Terms of Service, constitute the entire agreement between the user and Vibing Ticket and govern the use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between the user and Vibing Ticket on the subject matter hereof, other than any written Agreement between the user and an authorized officer of Vibing Ticket relating to a specified event or events.
11.2. None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and Vibing Ticket and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes Vibing Ticket and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed Vibing Ticket and its agents as their agent for this purpose.
12.1. The User agrees to indemnify, defend and hold harmless Vibing Ticket, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Vibing Ticket that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement and/or the terms of service.
13.1. If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
14.1. The failure or delay of Vibing Ticket to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of these Terms of Service is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service shall remain in full force and effect.
15.1. All notices and communications (including those related to changes in the Terms of service, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: legal@vibingticket.com
15.2. Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid.
15.3. If the owner of a copyright-protected work or an agent authorized to act on the copyright owner’s behalf believes the work posted on Vibing Ticket is infringing the Owner’s copyright under the relevant law, the Owner may submit a copyright infringement notification to Vibing Ticket along with all the necessary particulars such as contact information, details of infringed property, email address, physical address and telephone number. The Owner’s must provide a complete and accurate description of the copyrighted content that the Owner is seeking to protect. This must also include the specific URL of the video that the Owner believes to be infringing. This is necessary in order to aid Vibing Ticket to locate the allegedly infringing video.
16.1. This agreement and each terms of service shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi.
16.2. 16.2. In case of any dispute under the terms of this Agreement, the parties shall endeavour to resolve the same through mutual discussions. However, if despite mutual discussions, the parties fail to resolve their grievances, the disputes shall be referred to a sole arbitrator appointed by Vibing Ticket. The arbitration proceedings shall be held in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in New Delhi.