These Terms of Service (the “Terms”) govern your access
to and use of the MyPlots platform, websites, mobile
applications, and related services (together, the
“Platform”), operated by MyPlots LLC (“MyPlots,” “we,”
“us,” or “our”). By accessing or using the Platform,
you agree to be legally bound by these Terms and by our Privacy Policy, which is
incorporated by reference. If you do not agree, you
must stop using the Platform.
Please read carefully — arbitration and class-action waiver
Section 20 requires most disputes between you and
MyPlots to be resolved through binding individual
arbitration and waives your right to a jury trial
and to participate in a class action. You have the
right to opt out of arbitration within 30 days of
first accepting these Terms by following the
instructions in Section 20.
Plain-language summary
MyPlots is a technology platform connecting event
organizers with attendees. We are not the
organizer, venue, or promoter of any event.
Organizers set their own prices, refund policies,
and event details and are responsible for their
events. This summary is for convenience only and
does not replace the full Terms below.
Section 01
Acceptance and eligibility
By using the Platform, you represent and warrant
that you are at least eighteen years old, or the
age of majority in your jurisdiction, and that you
have the full legal capacity to enter into these
Terms. The Platform is not directed to and may not
be used by anyone under eighteen. If you use the
Platform on behalf of a business or other legal
entity, you represent that you are authorized to
bind that entity, and “you” refers to both you and
that entity. These Terms apply to all users,
including attendees, organizers, hosts, promoters,
and any other party accessing the Platform.
You agree that your electronic acceptance of these
Terms, and your continued use of the Platform,
constitute your agreement and signature under the
federal E-SIGN Act and comparable state laws, and
that we may provide all notices, agreements, and
disclosures to you electronically.
Section 02
Nature of the Platform and our limited role
MyPlots is a technology platform that enables
independent, third-party event organizers to list,
promote, and sell tickets to events, and enables
users to discover and attend those events. MyPlots
is not an event organizer, venue operator,
promoter, talent agent, booking agent, security
provider, or insurer. We do not host, manage,
supervise, control, inspect, or monitor any event
or venue, and all events are independently
organized and operated by third-party organizers.
We do not guarantee that any event will occur as
advertised, comply with applicable laws, meet
safety standards, or meet your expectations. Any
descriptions, images, schedules, pricing, or other
representations relating to events are provided
solely by the organizers, and your dealings with
any organizer or other user are solely between you
and that party.
Section 03
Account registration and security
You must create an account to access certain
features, including hosting events or purchasing
tickets. You agree to provide accurate, complete,
and current information, to keep it updated, and to
use only one account unless we authorize otherwise.
You are solely responsible for maintaining the
confidentiality of your login credentials, for all
activity that occurs under your account, for
complying with all applicable laws, and for
notifying us immediately if you suspect any
unauthorized use of your account.
We may suspend, restrict, or terminate your account
at any time, with or without notice, for any
violation of these Terms or any actual or suspected
misuse of the Platform, including fraud or risk to
other users. We are under no obligation to retain,
or to give you access to, your account or any
associated data after termination.
Section 04
Tickets, listings, and the marketplace
When you buy a ticket through the Platform, you are
buying it from the organizer, not from MyPlots, and
your purchase is subject to any terms the organizer
imposes. A ticket is a limited, revocable license
to attend a specific event and may be revoked by
the organizer or venue in accordance with their
policies and applicable law. Organizers are
responsible for the accuracy of their listings, for
delivering the events they advertise, and for
honoring the tickets they sell.
Where the Platform allows tickets to be listed,
transferred, or resold, including through any
marketplace feature, you agree to do so only where
you hold valid title to the ticket and only as
permitted by the organizer, the venue, and
applicable law. You agree not to use any automated
system, bot, or script to search for, reserve, or
purchase tickets, and not to circumvent any
security measure, access control, or purchase
limit, consistent with the federal Better Online
Ticket Sales (BOTS) Act and similar laws. You agree
not to list or sell tickets you do not yet hold
(“speculative” tickets) where prohibited, and not
to engage in fraudulent, deceptive, or
price-gouging conduct in connection with any
ticket.
Section 05
Payments, fees, and taxes
All payments are processed by third-party payment
processors, including Stripe, and your use of those
services is governed by the processor’s own terms.
MyPlots does not store full payment card details
and is not responsible for processor errors,
delays, or outages. By transacting on the Platform,
you authorize us and our processors to charge your
selected payment method for all applicable amounts.
For attendees, ticket prices are set by organizers,
and MyPlots charges a transaction fee of twenty
percent (20%) plus one dollar ($1.00) per
transaction unless otherwise stated at checkout.
Unless an organizer specifies otherwise, all ticket
sales are final. For organizers, you control your
own pricing and refund policies and are solely
responsible for collecting and remitting all
applicable taxes and for obtaining all permits,
licenses, and approvals your event requires. We do
not guarantee the timing of payouts, and payouts
are subject to the conditions of our payment
processor.
You are responsible for your own tax obligations
arising from your use of the Platform. Where
required by law, our payment processor may issue
tax forms, such as IRS Form 1099-K, to organizers
who meet the applicable reporting thresholds, and
you agree to provide any tax information reasonably
requested to enable compliance. To protect against
fraud, chargebacks, and other risk, we and our
processor may place holds, reserves, or limits on
funds or payouts, and may delay, suspend, or
reverse a transaction we reasonably believe to be
unauthorized, fraudulent, or in violation of these
Terms.
Section 06
Refunds and cancellations
Refunds, exchanges, and cancellations are governed
by the policy the organizer sets for each event,
and the organizer, not MyPlots, is responsible for
funding and issuing any refund. If an event is
canceled, postponed, or materially changed, you
should contact the organizer, and any refund will
be handled according to the organizer’s policy and
applicable law. MyPlots may, but is not obligated
to, facilitate refunds on an organizer’s behalf,
and any service fees we charge are non-refundable
except where required by law. You agree to seek
refunds through the Platform and the organizer
before initiating any payment dispute or
chargeback.
Section 07
Disputes, chargebacks, and negative balances
All payment disputes, chargebacks, and reversals
are the sole responsibility of the organizer.
Organizers are responsible for the full ticket
amount, for any dispute fees charged by our payment
processor (currently fifteen dollars per dispute),
and for any related processing or penalty fees.
Organizers authorize MyPlots and our processor to
debit their balances, connected payment accounts,
and future payouts to recover these amounts.
Accounts may go negative, and organizers remain
liable for any negative balance, which we may
collect by any lawful means. MyPlots has no
obligation to contest any dispute on an organizer’s
behalf, and abusive or fraudulent chargeback
activity may result in suspension or termination.
Section 08
Assumption of risk
You acknowledge that attending or hosting events
involves inherent risks, including personal injury,
illness, property damage, theft, crowd behavior,
alcohol consumption, criminal acts, weather
conditions, and the acts of third parties. You
voluntarily assume all risks associated with
attending or hosting any event listed on the
Platform, and MyPlots does not assume any duty of
care related to events, venues, or the conduct of
any user.
Section 09
No responsibility for events or third parties
To the fullest extent permitted by law, MyPlots has
no liability or responsibility for the conduct,
acts, or omissions of organizers, attendees,
venues, performers, vendors, or other third
parties; for any personal injury, death, property
damage, loss, or theft before, during, or after any
event; for event cancellations, postponements,
changes, delays, or venue substitutions; for
compliance with laws, permits, licenses, or safety
regulations; for alcohol service, crowd management,
security, or capacity enforcement; or for any
dispute between users. We do not verify the
identities, credentials, licenses, or insurance of
organizers or venues, and we do not endorse any
event or user.
Section 10
Event hosting and organizer obligations
If you are an organizer, by listing an event you
represent and warrant that you have all necessary
rights, licenses, permits, and authority to host
and promote it; that the event complies with all
applicable laws, regulations, and industry
standards; that it does not infringe any
third-party rights, including intellectual
property, privacy, or publicity rights; and that
you will accurately represent the nature and scope
of the event. Organizers are solely responsible for
any claims, liabilities, or damages arising out of
their events, and MyPlots does not endorse,
monitor, or verify any event hosted on the
Platform.
Section 11
User content and intellectual property
All content on the Platform other than
user-submitted content, including our software,
design, trademarks, and branding, is owned by
MyPlots or its licensors and is protected by
intellectual property laws. We grant you a limited,
revocable, non-exclusive, non-transferable license
to use the Platform for its intended purpose, and
we reserve all rights not expressly granted.
You retain ownership of the content you submit, but
you grant MyPlots a worldwide, royalty-free,
perpetual, irrevocable, sublicensable, and
transferable license to host, store, use,
reproduce, modify, adapt, publish, translate,
distribute, and display that content in connection
with operating, promoting, and improving the
Platform. You represent that you have all rights
necessary to grant this license and that your
content does not violate any law or third-party
right. If you send us feedback or suggestions, you
grant us an unrestricted right to use them without
obligation or compensation to you.
Section 12
Copyright complaints and DMCA
We respect intellectual property rights and respond
to notices of alleged infringement under the
Digital Millennium Copyright Act. If you believe
content on the Platform infringes your copyright,
send a written notice to our designated agent that
includes your signature, identification of the
copyrighted work, identification and location of
the allegedly infringing material, your contact
information, a statement of good-faith belief that
the use is unauthorized, and a statement, under
penalty of perjury, that your notice is accurate
and that you are authorized to act. We may remove
allegedly infringing content, and we may terminate
the accounts of users who repeatedly infringe.
Notices should be sent to our copyright agent at [email protected].
Section 13
Prohibited conduct
You agree not to violate any law or regulation;
misrepresent events or engage in fraud; harass,
threaten, or harm others; interfere with or disrupt
the Platform or its security; circumvent fees,
payment systems, access controls, or purchase
limits; or provide false or misleading information.
You also agree not to use bots, scrapers, or other
automated means to access or collect data from the
Platform; resell or transfer tickets in violation
of an organizer’s, venue’s, or applicable law’s
restrictions; initiate fraudulent or abusive
chargebacks; upload malware; or reverse engineer or
copy the Platform except as permitted by law.
Violations may result in immediate suspension or
termination and may be reported to law enforcement.
Section 14
Electronic communications, calls, and text messages
By providing your phone number and using the
Platform, you consent to receive transactional and
account-related communications from MyPlots,
organizers, and our service providers by email,
push notification, SMS, and phone, including
messages about your tickets, purchases, and
security. Where you separately provide express
written consent, you also agree to receive
marketing and promotional calls and text messages,
including messages sent using an automatic
telephone dialing system or prerecorded or
artificial voice, at the number you provide.
Consent to marketing messages is not a condition of
any purchase.
Message and data rates may apply, and message
frequency varies. You may opt out of marketing text
messages at any time by replying STOP, or through
any other reasonable method, and you may opt out of
marketing emails using the unsubscribe link in any
message; we will honor opt-out requests within the
time required by law. Even after you opt out of
marketing, we may continue to send you
non-marketing transactional and service messages
while you maintain an account. You represent that
you are the subscriber or customary user of any
number you provide, and you agree to notify us if
that number changes.
Section 15
Third-party services
The Platform relies on and links to third-party
services, including payment processing by Stripe,
that we do not control and that are governed by
their own terms and privacy policies. We are not
responsible for the acts, omissions, content,
products, or services of any third party, and your
use of a third-party service is at your own risk
and subject to that party’s terms. Any dispute you
have with a third party should be resolved directly
with that party.
Section 16
Mobile application license and app store terms
Subject to these Terms, we grant you a limited,
non-exclusive, non-transferable, revocable license
to download and use our mobile application on a
device you own or control for your personal,
non-commercial use, except that organizers may use
it to manage their events. If you download the
application from a third-party app store, including
the Apple App Store or Google Play, you also agree
to that store’s terms, and you acknowledge that the
store provider is not responsible for the
application or for providing any support or
warranty.
For applications obtained through the Apple App
Store, you acknowledge that these Terms are between
you and MyPlots, not Apple; that Apple has no
obligation to provide maintenance or support; that,
to the extent permitted by law, Apple has no
warranty obligation and is not responsible for
addressing any claims relating to the application;
and that Apple and its subsidiaries are third-party
beneficiaries of these Terms and may enforce them
against you.
Section 17
Disclaimer of warranties
The Platform is provided on an “as is” and “as
available” basis. To the fullest extent permitted
by law, MyPlots disclaims all warranties, whether
express or implied, including the implied
warranties of merchantability, fitness for a
particular purpose, title, and non-infringement. We
do not warrant that the Platform will meet your
requirements or be uninterrupted, secure, timely,
or error-free; that defects will be corrected; or
that any content provided by third parties is
accurate, reliable, or complete. You acknowledge
that your use of the Platform is at your sole risk.
Some jurisdictions do not allow the exclusion of
certain warranties, so some of these exclusions may
not apply to you.
Section 18
Limitation of liability
To the maximum extent permitted by law, MyPlots and
its officers, directors, employees, agents, and
affiliates will not be liable for any indirect,
incidental, consequential, special, punitive, or
exemplary damages, including damages for lost
profits, goodwill, use, or data, arising out of or
relating to your use of or inability to use the
Platform, any event listed or attended through the
Platform, any cancellation, postponement, or change
by an organizer, or any technical issue,
interruption, or system failure, whether based in
contract, tort, or any other theory, and even if we
have been advised of the possibility of such
damages.
To the maximum extent permitted by law, our total
aggregate liability for all claims relating to the
Platform will not exceed the greater of the total
amount you paid to MyPlots in the six months
preceding the event giving rise to the claim, or
one hundred dollars. Some jurisdictions do not
allow certain limitations of liability, so some of
these limitations may not apply to you, and nothing
in these Terms limits liability that cannot be
limited under applicable law.
Section 19
Indemnification
You agree to indemnify, defend, and hold harmless
MyPlots and its affiliates, officers, directors,
employees, agents, successors, and assigns from and
against all claims, losses, damages, liabilities,
costs, and expenses, including reasonable
attorneys’ fees, arising out of or relating to your
use of the Platform, your events or attendance,
your content, your violation of any law or
third-party right, your infringement of any
intellectual property or other right, or your
breach of these Terms. We may assume the exclusive
defense and control of any matter subject to
indemnification by you, in which case you agree to
cooperate with us.
Section 20
Dispute resolution, binding arbitration, and class-action waiver
Please read this section carefully — it affects
your legal rights. Except for the matters described below, you and
MyPlots agree to resolve any dispute, claim, or
controversy arising out of or relating to these
Terms or the Platform through binding individual
arbitration rather than in court.
Informal resolution first
Before starting an arbitration, you and MyPlots
agree to try to resolve the dispute informally for
at least sixty days. To begin, send a written
notice of dispute describing the claim and the
relief sought to [email protected] (if you are the consumer) or to the contact address
you provided (if we are the initiating party). If
we cannot resolve the dispute within sixty days,
either party may begin arbitration.
Arbitration
The arbitration will be administered by the
American Arbitration Association under its Consumer
Arbitration Rules then in effect, and, where
applicable to coordinated filings, its Mass
Arbitration Supplementary Rules. The arbitration
will be conducted in English by a single neutral
arbitrator, and may take place in Los Angeles
County, California, by telephone or video, or
through document submissions, as the rules allow.
The arbitrator will have authority to award the
same individual relief a court could, and the
Federal Arbitration Act governs the interpretation
and enforcement of this section.
Class-action and jury waiver
You and MyPlots agree that each may bring claims
against the other only in an individual capacity,
and not as a plaintiff or class member in any
purported class, collective, consolidated, or
representative proceeding. The arbitrator may not
consolidate more than one person’s claims or
preside over any class or representative
proceeding. You and MyPlots also waive any right to
a jury trial. If a court decides that this
class-action waiver is unenforceable as to a
particular claim or request for relief, then that
claim or request will be severed and may proceed in
court, while all other claims will continue in
arbitration.
Your right to opt out
You may opt out of this arbitration agreement
within thirty days after you first accept these
Terms by sending written notice of your decision to [email protected],
including your name and the account associated with
your decision. If you opt out, neither party will
be required to arbitrate, and Section 21 will
govern any dispute. Opting out of arbitration has
no effect on any other part of these Terms.
Exceptions
Either party may bring an individual claim in
small-claims court if it qualifies, and either
party may seek injunctive or other equitable relief
in court to protect its intellectual property
rights. This section survives termination of your
account and of these Terms.
Section 21
Governing law and venue
These Terms are governed by the laws of the State
of California, without regard to its
conflict-of-law principles. For any dispute not
subject to arbitration, or if you opt out of
arbitration, you and MyPlots agree to the exclusive
jurisdiction and venue of the state and federal
courts located in Los Angeles County, California,
and you waive any objection to that jurisdiction or
venue.
Section 22
Termination and survival
You may stop using the Platform at any time, and we
may suspend or terminate your access at any time,
with or without cause and with or without notice,
including for any violation of these Terms. Upon
termination, your right to use the Platform ends
immediately. Any provision that by its nature
should survive termination will survive, including
provisions on payments and balances, content
licenses, disclaimers, limitations of liability,
indemnification, arbitration, and governing law.
Section 23
Changes to these Terms
We may modify these Terms at any time. When we do,
we will post the updated Terms on the Platform and
revise the “Last Updated” date, and, where required
by law, provide additional notice. Material changes
will be effective a reasonable time after posting.
Your continued use of the Platform after changes
take effect constitutes your acceptance of the
revised Terms, and if you do not agree you must
stop using the Platform.
Section 24
Force majeure
MyPlots is not liable for any delay or failure to
perform caused by events beyond its reasonable
control, including acts of God, government actions,
natural disasters, pandemics, labor disputes, power
failures, network or internet outages, or failures
of third-party service providers.
Section 25
Miscellaneous
These Terms, together with the Privacy Policy and any terms
presented at the point of a specific transaction,
are the entire agreement between you and MyPlots
regarding the Platform and supersede all prior
agreements on that subject. No agency, partnership,
joint venture, employment, or fiduciary
relationship is created by these Terms. We may
assign these Terms without restriction, including
in connection with a merger, acquisition,
financing, or sale of assets, and you may not
assign your rights or obligations without our prior
written consent. If any provision is held invalid
or unenforceable, it will be limited or severed to
the minimum extent necessary, and the remaining
provisions will remain in full force. Our failure
to enforce any provision is not a waiver of it, and
any waiver must be in writing. Section headings are
for convenience only. We may provide notices to you
through the Platform or the contact information
associated with your account.