TERMS & CONDITIONS

Welcome to the Afton Tickets, Inc. website (the "Site"). The Site is operated by Afton Tickets, Inc. (referred to herein as "Afton," "we," "us" and "our") and provides you the right to access and use the Site, including all content, products, and services available on the Site (collectively with the Site, the "Services"), subject to these Terms and Conditions, our Privacy Policy, and any additional terms referenced herein (collectively, the "Terms"). These Terms govern your use of our Site and your conduct, irrespective of your means of access, whether from a computer, mobile phone, or other device.

These Terms apply to any website or document that links to these Terms.

THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND AFTON. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE OR USING ANY OFFERING. BY ACCESSING THE SITE OR USING ANY OFFERING, OR BY CLICKING A BOX THAT STATES YOU ACCEPT OR AGREE TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE COLLECTION AND USE OF YOUR INFORMATION SET FORTH IN OUR PRIVACY POLICY.

IF YOU DO NOT AGREE TO THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF ANY SERVICES AND YOU MUST NOT ACCESS OR USE ANY SERVICES.

DEFINITIONS

"Affiliate" means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.

"Account" means a unique account created for You to access our Service or parts of our Service.

"Company" (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Afton Tickets, Inc., 581 Lancaster Dr SE #169, Salem, OR 97317.

"Content" refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

"Country" refers to: Oregon, United States.

"Feedback" means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.

"Intellectual Property Rights" means all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights.

"Orders" mean a request by You to purchase Goods from Us.

"Promotions" refer to contests, sweepstakes or other promotions offered through the Service.

"Service" refers to the Website and any associated mobile applications for iOS and Android.

"Terms and Conditions" (also referred to as "Terms") mean these Terms and Conditions and the agreements referenced in these Terms and incorporated into these Terms that form the entire agreement between You and the Company regarding the use of the Service.

"Third-party Social Media Service" means any services or content provided by a third-party that may be displayed, included or made available by the Service.

"Website" refers to Afton Tickets, accessible from www.aftontickets.com.

"You" means the individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

ELIGIBILITY

You may only access and use the Services if you are 18 years of age or older and meet the other eligibility requirements specified in these Terms. By accessing or using any Services, and by agreeing to these Terms, you acknowledge you meet each of these requirements. If you do not meet any of these requirements, you may not access or use any Services. Our Services are not available to any users we previously removed from our Services.

MODIFICATIONS

We reserve the right, at any time in our sole discretion, to modify the Services with or without notice to you by making those modifications available on the Site. We also reserve the right, at any time in our sole discretion, to modify these Terms. We will post the updated Terms on the Site and revise the effective date at the top of this page. We may provide additional notice of material changes, such as a notice on the Site. Changes apply from their effective date, and your continued use of the Services or any purchase made after that date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services. It is your responsibility to review these Terms periodically.

PRIVACY

Please review our Privacy Policy, available at www.aftontickets.com, for details about our personal information practices. The Privacy Policy is incorporated into these Terms by this reference. To view terms and conditions related to orders placed through this Site, including order processing, returns and exchanges, which are incorporated into these Terms by reference, please visit our Returns and Refund Policy.

PLACING ORDERS / PRODUCTS AND SERVICES FOR PERSONAL USE

By placing an Order for Goods through the Service, you warrant that You are legally capable of entering into binding contracts. The products and services available on the Site are for your personal use only. You may not sell or resell any of the products or services that you purchase or otherwise receive from us, except through an Authorized Resale Platform as described in the Ticket Resale Policy below, or otherwise use the Services for any commercial purposes. We reserve the right, with or without notice, to cancel or reduce the quantity of any order that we believe, in our sole discretion, may result in the violation of our Terms.

Your Information

If You wish to place an Order for Goods available on the Service, you may be asked to supply certain information relevant to Your Order including, without limitation, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Custom Checkout Questions. The event organizer may include its own questions on the checkout page for its event, which may be optional or required. These questions are created and controlled solely by the event organizer, which is responsible for their content and for its use of your responses. Do not enter Social Security numbers, financial account numbers, or other sensitive information in response to a custom checkout question; if a question improperly requests such information, contact us at legal@aftontickets.com. To the maximum extent permitted by law, Afton is not liable for the content of organizer-created questions or the organizer’s use of your responses.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to Goods availability; errors in the description or prices for Goods; errors in Your Order; or if fraud or an unauthorized or illegal transaction is suspected, including based on automated fraud screening.

Your Order Cancellation Rights

All sales are final. Tickets, add-on products, and other items purchased through the Service, whether online or at a box office, are not refundable or exchangeable except as expressly provided in our Returns Policy, which forms part of these Terms, or, for purchases made through the Afton Layaway Plan, the Afton Layaway Plan Terms. Any refund approved under our Returns Policy will be issued to the original payment method.

SERVICE FEES AND NON-REFUNDABLE CHARGES

The Company charges service fees and/or convenience fees in connection with ticket purchases. These fees are separate from the face value of any ticket and are non-refundable under all circumstances, including in the event of event cancellation, rescheduling, or any other circumstance in which a ticket refund is issued. Service fees are earned by the Company at the time of purchase and compensate the Company for order processing, platform maintenance, and related services.

Optional Add-On Products. Optional products or services offered during checkout, such as ticket protection (currently offered through our affiliate Happiness Locked (a separate company), or any successor or additional provider we designate), are provided subject to the applicable provider’s terms, and fees for them are non-refundable except as provided by those terms or our Returns Policy.

TICKET RESALE POLICY

Tickets purchased through the Service are for personal use only and may not be resold, transferred for value, or offered for sale through any secondary marketplace without the prior written consent of the Company and the event organizer, which may be withheld in their sole discretion. This restriction does not apply to resales or transfers made through resale marketplaces or transfer services authorized by Afton (each, an “Authorized Resale Platform”), which remain subject to any pricing, verification, and transfer rules of the event organizer and the Authorized Resale Platform. Unauthorized resale of tickets may result in cancellation of the tickets without refund, blacklisting of the purchaser's account, and/or other legal remedies available to the Company and the event organizer. This restriction also does not apply to transfers made without payment or other consideration through the ticket transfer feature of the Service (for example, transferring a ticket to a friend), unless the event organizer has disabled transfers for the event.

Reselling Through CashorTrade. Afton offers attendees the option to resell tickets at face value through CashorTrade (Cash or Trade, Inc.), an Authorized Resale Platform (or any successor or additional resale marketplace we designate), including through a “Resell Your Ticket” option in the attendee portal and in ticket confirmation emails. We do not own or control CashorTrade: your use of CashorTrade is governed by CashorTrade’s own terms of service and privacy policy, and each resale transaction is between the selling and purchasing fans. Afton is not a party to, and is not responsible for, any resale transaction conducted on CashorTrade. The resale option may not be available for all events, as event organizers may elect to disable resale for their events.

Effect of Resale. When a resale or transfer is completed through an Authorized Resale Platform, the original ticket (including its barcode) is canceled and a replacement ticket is issued to the new holder, who becomes the ticket holder for all purposes under these Terms, including the ticket license terms in our Returns Policy. The original purchaser’s right of entry terminates upon completed resale. If an event is canceled or postponed after a completed resale, only the current ticket holder of record is eligible for any refund or exchange that may be available under our Returns Policy; a purchaser who has resold a ticket is not entitled to a refund for that ticket.

Delivery and Verification. We and the event organizer may change the delivery method for any ticket, reissue or invalidate previously issued tickets or barcodes, or require identity verification (including photo identification matching the purchase information) or box office pickup, at any time before or during an event, for security, operational, or other legitimate reasons. Where verification is required and cannot be completed, entry may be denied, subject to our Returns Policy.

ACCURACY OF INFORMATION

We attempt to be as accurate as possible when describing our products and services on the Site; however, we do not warrant that the descriptions, colors, information, or other Content available on the Site are accurate, complete, reliable, current, or error-free. This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.

Event Information and Changes. Event details displayed on the Service, including dates, times, venues, lineups, performers, participants, schedules, and descriptions, are created and provided by the event organizer, who is solely responsible for their accuracy and for the event itself. Events are subject to change: performers, participants, teams, lineups, schedules, and start and end times may change, be delayed, be shortened, or be canceled in part, including due to weather, without notice. Unless our Returns Policy or the event organizer provides otherwise, no refund or exchange is available where the event takes place, including where a particular performer, participant, or team does not appear or perform or where the event is delayed, shortened, or otherwise modified. If we determine that an event listing is fraudulent or unauthorized, we may remove the listing and cancel associated orders, and any refund will be handled under our Returns Policy. Afton provides ticketing services as sales agent of the event organizer and is not the producer or seller of admission for any event.

PAYMENTS

Payment may be made as a one-time payment or, where offered, through a payment plan (see Payment Plans below) or a third-party option to split your payment (such as PayPal), whose terms are between you and that provider. Payment can be made through the payment methods we have available, such as Visa, MasterCard, American Express, and other cards accepted by our payment processors; we may add or change payment processors and payment options at any time, and this section applies equally to them. Payment cards are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.

Payment Plans (Afton Layaway Plan). For eligible events, we may offer the Afton Layaway Plan (shown as "Payment Plan" at checkout). The Afton Layaway Plan is governed by the Afton Layaway Plan Terms, which you accept when you enroll and which control over these Terms for your plan.

We process payments through the following third-party payment processors: Stripe (https://stripe.com/privacy), PayPal/Braintree (https://www.paypal.com/webapps/mpp/ua/privacy-full), and Authorize.Net (https://www.authorize.net/company/privacy/). By completing a purchase, You agree to the applicable privacy policy and terms of the payment processor used for Your transaction. The Company does not store Your full payment card details.

CANADIAN USERS — CURRENCY AND PRICING

Ticket prices on the Service may be displayed in United States Dollars (USD) or Canadian Dollars (CAD) depending on the event. The currency in which you are charged at checkout depends on how the event organizer has configured their payment gateway:

• If the event organizer uses a CAD-configured payment gateway, you will be charged in Canadian Dollars at the price displayed and will not incur a currency conversion charge.
• If the event organizer uses a USD-configured payment gateway, you will be charged in United States Dollars. In this case, if your payment method is issued by a Canadian financial institution, your card issuer may apply a foreign exchange conversion and/or a foreign transaction fee. Afton Tickets is not responsible for any such conversion costs or fees.

We make no representation or warranty regarding currency exchange rates and are not responsible for exchange rate fluctuations between the time of purchase and the time of charge. If you are unsure which currency applies to a specific event, please contact support@aftontickets.com before completing your purchase.

CONSENT TO BE CONTACTED / TEXT MESSAGING

By providing your telephone number, you authorize Afton Tickets, Inc. to deliver to you, at that number, ticket- and event-related communications, such as ticket delivery, order updates, event reminders, and event changes, including by automated means. Standard message and data rates may apply. Your consent to receive these service communications does not require you to purchase goods or services.

If you separately opt in at checkout or when signing up, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages from Afton Tickets and from the event organizer that produced the event that you purchased tickets for, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. Afton Tickets and our event organizer clients reserve the right to alter the frequency of messages sent at any time. Not all mobile devices or handsets may be supported, and our messages may not be deliverable in all areas. Afton Tickets, its event organizer clients, service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

SMS Cancellation

You may opt out at any time by replying STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any message, or by any other reasonable means, including emailing support@aftontickets.com. After you opt out, you may receive one final text confirming your request. We honor opt-outs within 10 business days. Reply HELP for help.

Canadian Users — CASL Compliance

If you are in Canada, the following additional terms apply to all commercial electronic messages we send to you, in accordance with Canada's Anti-Spam Legislation ("CASL"), S.C. 2010, c. 23. We will only send you commercial electronic messages if you have provided your express consent to receive such messages by actively opting in. Consent to receive commercial electronic messages is not a condition of purchasing tickets or using our Services. Where you have made a ticket purchase from us within the previous 24 months, we may send you commercial electronic messages on the basis of an existing business relationship, limited to messages related to the same class of products or services previously purchased. All commercial electronic messages we send will clearly identify Afton Tickets, Inc. as the sender and include a functioning unsubscribe mechanism. You may withdraw your consent at any time at no cost by clicking the unsubscribe link in any email, replying STOP to any SMS, or emailing support@aftontickets.com. We will process unsubscribe requests within 10 business days.

Customer Support. Customer support may be provided with the assistance of automated or AI-based tools. Support responses are provided for convenience; no statement by any support channel, whether human or automated, modifies these Terms, creates a warranty, or binds the Company except through a written amendment signed by an authorized officer of the Company. Where you interact with an automated assistant, we will identify it as automated.

MOBILE APPLICATION TERMS

Afton Tickets offers mobile applications available on the Apple App Store (iOS) and Google Play Store (Android) (collectively, the "Apps"). Your use of the Apps is subject to these Terms as well as the applicable terms of the platform through which you downloaded the App. You acknowledge that these Terms are between You and the Company only, and not with Apple Inc. or Google LLC. Apple and Google have no obligation to furnish maintenance or support services for the Apps. We reserve the right to discontinue the Apps or any features thereof at any time.

FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance of its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including without limitation: acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, war, terrorism, labor disputes, power outages, internet or telecommunications failures, or actions of third parties including event organizers. In the event of a force majeure occurrence affecting an event, ticket holders will be notified as soon as practicable, and refund eligibility will be governed by the Returns and Refund Policy and the applicable event organizer's policies.

PROMOTIONS

Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply. The Site may offer certain special features and functionality or events which may be subject to terms of use, rules and/or policies in addition to these Terms and may be offered by us or by third parties.

Rewards and Referral Programs. We or event organizers may offer rewards or referral programs for eligible purchasers, and participation may include a personalized referral link that you may choose to share. Rewards and referral benefits may not be redeemed for cash, are non-transferable, and may be modified, revoked, or discontinued at any time. We may void rewards obtained through self-referral, automated or bulk distribution, misrepresentation, or other abuse of a program. Any additional program rules presented for a specific program govern that program.

YOUR OBLIGATIONS AND RESPONSIBILITIES

When accessing or using the Services, you will at all times comply with these Terms and any special warnings or instructions posted on the Site. You shall act always in accordance with the law, custom and in good faith. You further agree not to (1) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (2) stalk, harass, harm, or entrap any third party including minors; (3) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content; (4) intentionally or unintentionally violate any applicable local, state, national or international law; or (5) collect or store personally identifiable data about other users. If you default on your obligations as set forth in these Terms, you shall be liable for all losses and damages your default may cause us, our parents, subsidiaries, affiliates, partners, or licensors.

YOUR RIGHTS

To Access the Site

Subject to your compliance with these Terms, we will permit you to access and make personal use of the Site solely for lawful purposes and only in accordance with these Terms. If you are accessing and using the Site on someone else's or an entity's behalf, you represent that you have the authority to bind that person or entity to all Terms provided herein.

To Create Links

Subject to your compliance with these Terms, you may create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to the Site may not (a) replicate any of our Content; (b) imply that we are endorsing such website or its services or products; (c) misrepresent its relationship with us; (d) contain content that could be construed as distasteful, obscene, offensive, or illegal; (e) portray us or our products or services in a false, misleading, or offensive manner; or (f) link to any page of the Site other than the home page.

Restrictions

You will not, and will not permit any third party to:

• use, access or attempt to access the Services except as expressly provided in these Terms;
• frame or utilize framing techniques to enclose the Services or any portion thereof;
• copy, republish, redistribute, transmit, sell, license, or download any Services except as necessary to view the Site;
• distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Services;
• make any use of the Services other than for your personal use;
• disassemble, decode, decompile, modify, reverse engineer, or create any derivative works based upon any part of the Services;
• use software robots, spiders, crawlers, data mining tools, or similar data gathering and extraction tools to access, collect, copy or record the Services;
• use our Services in competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
• share passwords or authentication credentials for our Services; or
• take any other action that may impose an unreasonable burden or load on our infrastructure or otherwise impacts the stability of our servers.

USER ACCOUNTS

Subject to the age restrictions outlined above, you may view and use many features of the Site without registering, but to access and use some parts of the Site, you may need to register an Account. You may only register an Account on the Site if you are over 18 years of age. Each Account and its credentials are personal in nature. You are solely responsible for all activities that occur under your Account. You agree to maintain the security and confidentiality of your Account credentials and notify us immediately if they are lost, stolen or otherwise compromised. You will not disclose your password to any third party.

We reserve the right to refuse service and/or terminate Accounts, without prior notice, if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interests to do so. We will not be liable for any losses caused by any unauthorized use of your Account. In addition to fraud and chargeback violations described in the Blacklisting section, the Company reserves the right to suspend or terminate accounts where the user: (i) engages in abusive, threatening, or harassing conduct toward Company staff, event organizers, or other users; (ii) violates any applicable law in connection with use of the Service; (iii) attempts to circumvent any technical measures of the Service; or (iv) engages in unauthorized resale of tickets.

CONTENT / YOUR CONTENT

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness. By submitting, transmitting, generating, or posting any of Your Content, you hereby grant us a nonexclusive, royalty-free, worldwide, sublicensable, transferable, perpetual, irrevocable right and license to use, modify, publicly perform, publicly display, reproduce, distribute, and create derivative works of such Content (a) on and through the Service; (b) for marketing and promotion of Your events; and (c) by sharing such Content — including event metadata, event images, descriptions, venue information, ticket links, artist lineups, and related materials — with Afton’s third-party partners, including event discovery platforms, search engines, music streaming services, ticket aggregators, and similar services (collectively, “Discovery Partners”), for the purpose of promoting Your events and driving ticket sales. This license includes the right for Discovery Partners to display, syndicate, cache, and further distribute such Content for event discovery and promotional purposes consistent with industry practices. You represent and warrant that: (i) the Content is Yours or You have the right to use it and grant Us the rights and license as provided in these Terms, including the right to authorize Afton’s Discovery Partners to use the Content as described above; and (ii) Your Content and the use of Your Content (including by Discovery Partners) does not and will not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

Content Restrictions

You are solely responsible for the Content and for all activity that occurs under your account. You may not transmit any Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, including:

• Unlawful or promoting unlawful activity.
• Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
• Spam, unauthorized advertising, chain letters, or any form of lottery or gambling.
• Viruses, worms, malware, trojan horses, or other harmful content.
• Infringing on any proprietary rights of any party.
• Impersonating any person or entity including the Company and its employees or representatives.
• Violating the privacy of any third person.
• False, misleading, or inaccurate information.
• Content you were compensated for or granted any consideration by any third party without disclosure.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, and to refuse or remove such Content. The Company can also limit or revoke the use of the Service if You post objectionable Content.

Deletion of Your Content

You may request that we delete certain of Your Content posted on public portions of the Site by emailing support@aftontickets.com with your first name, last name, email address associated with the Site, the reason for the deletion request, and the date(s) of posting(s) you wish to delete. All deletion requests are subject to our approval at our sole discretion. Please allow up to 10 business days to process your deletion request.

Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

EVENT INFORMATION AND THIRD-PARTY DISCOVERY PARTNERS

Event information displayed on the Service (such as event names, dates, venues, lineups, and images) may be shared with third-party event discovery and promotion services so that events can be found on those platforms; Discovery Partners (defined below) receive event information, not attendee personal information. To help promote events and drive ticket sales, Afton partners with various third-party services, including but not limited to event discovery platforms (such as JamBase and Bandsintown), search engines (such as Google), music streaming services (such as Spotify), and other ticket and event aggregators (collectively, “Discovery Partners”). If You are an event organizer or You list an event through the Service, You authorize Afton to share Your event information — including event names, dates, times, venue details, ticket pricing, ticket purchase links, artist lineups, event descriptions, and event imagery — with Discovery Partners for the purpose of promoting Your event and driving traffic back to ticket purchase pages.

Discovery Partners may display, cache, syndicate, and further distribute Your event information through their own platforms and to their own downstream partners, consistent with industry practices for event discovery and promotion. Afton remains the ticketing source of record for events listed through the Service, and Discovery Partners are required to attribute Afton as the ticketing source where Your event data is displayed.

Afton does not share attendee personal information (such as name, email address, payment information, or purchase history) with Discovery Partners as part of these integrations. Sharing of personal information is governed solely by Afton’s Privacy Policy.

You may opt out of Discovery Partner data sharing for specific events or for Your account by contacting support@aftontickets.com. Note that opting out may reduce the visibility and ticket sales for Your events.

You acknowledge that once event information is shared with a Discovery Partner or downstream third party, Afton cannot guarantee the immediate removal of such information from the Discovery Partner’s systems if You later delete or modify the event on the Service. Afton will make commercially reasonable efforts to notify Discovery Partners of material changes or deletions, but cannot control the speed at which third-party systems are updated.

INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company. We retain all right, title and interest, including all Intellectual Property Rights, in and to the Services and any additions, improvements, updates and modifications thereto. Our name, logo and all product and service names associated with the Services are trademarks of Afton and its licensors and providers and you are granted no right or license to use them.

YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction. You acknowledge that we are not obligated to use, display, reproduce, or distribute any ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

COPYRIGHT INFRINGEMENT NOTICES (DMCA)

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement taking place through the Service, You must submit Your notice in writing to our copyright agent via email at legal@aftontickets.com.

Your DMCA notice must include: (1) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (2) a description of the copyrighted work you claim has been infringed; (3) identification of the URL or specific location on the Service where the infringing material is located; (4) your address, telephone number and email address; (5) a statement of good faith belief that the use is not authorized by the copyright owner; and (6) a statement made under penalty of perjury that the above information is accurate and that you are the copyright owner or authorized to act on their behalf.

Designated Agent: Afton Tickets, Inc., 581 Lancaster Dr SE #169, Salem, OR 97317 | Email: legal@aftontickets.com | Phone: 888-308-9574

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

We may, in appropriate circumstances, terminate or restrict the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe content you posted was removed or disabled by mistake or misidentification, you may submit a written counter-notification to our Designated Agent containing the information required by 17 U.S.C. § 512(g)(3). We may restore the content unless the original claimant notifies us that it has filed a court action within 10 to 14 business days of receiving the counter-notification.

LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

TERMINATION

These Terms may be terminated by either party at any time upon notice to the other party. Upon termination or expiration of these Terms for any reason you will immediately cease all use of and access to the Services. Termination does not relieve you of any payment obligations relating to purchased products or services and these Terms will continue to apply to all products and services purchased prior to termination. Any Section of these Terms which, by its nature, should survive expiration or termination of these Terms shall survive such expiration or termination.

BLACKLISTING AND RESTRICTING PURCHASERS

Fraudulent Activity

Afton Tickets reserves the right to act, including but not limited to blacklisting and restricting purchasers, in cases where fraudulent activity is suspected or confirmed. Such activities may include but are not limited to: providing false or misleading information during the purchase process; attempting to purchase tickets through unauthorized means; or reselling tickets in violation of our resale policy. In addition, Afton Tickets may decline, restrict, or terminate service to any person at any time, at its sole discretion, where permitted by applicable law.

Unwarranted Chargebacks

Afton Tickets reserves the right to act, including but not limited to blacklisting and restricting purchasers, where a payment dispute or chargeback is filed for tickets that our records show were scanned or otherwise used for entry, where a dispute is otherwise determined to lack basis, or where there is a history of filing unwarranted chargebacks. Unwarranted chargebacks refer to chargebacks filed without first attempting to engage directly with the event producers and/or Afton Tickets, and any chargeback filed without just cause. If Afton Tickets or the Event Producer delivers the services as advertised and has a clear no-refund policy, any chargebacks filed will be considered without just cause. Afton Tickets may, at its sole discretion, consider reinstatement where the disputed amount has been repaid to the event organizer or the chargeback has been reversed.

Appeal Process

Purchasers who believe they have been blacklisted or restricted unfairly may submit an appeal by emailing order details and a request to appeal to legal@aftontickets.com. Afton Tickets will review appeals on a case-by-case basis and may consider reinstatement at its sole discretion.

No Liability

Afton Tickets shall not be liable for any losses, damages, or inconveniences resulting from the blacklisting or restricting of purchasers in accordance with this clause. Afton Tickets reserves the right to modify, suspend, or terminate this policy at any time without prior notice.

DATA SECURITY AND BREACH NOTIFICATION

We take the security and privacy of our users very seriously and implement commercially reasonable technical and organizational measures to protect your personal information against unauthorized access, disclosure, alteration, or destruction.

Notification of Breach. In the event of a data security breach that compromises your personal information, we will notify all affected users in the manner required by applicable law and without unreasonable delay. Where required by law, we will also notify the appropriate regulatory authorities. Our notification will include, to the extent known at the time of notification: (i) a description of the nature of the breach; (ii) the categories and approximate number of individuals affected; (iii) the categories of personal data records affected; (iv) the likely consequences of the breach; and (v) the measures we have taken or propose to take to address the breach, including measures to mitigate its possible adverse effects.

Your Obligations. As a user of our Service, you agree to: (i) provide us with accurate contact information, including a valid email address; (ii) keep your contact information current and promptly notify us if your contact information changes; and (iii) notify us immediately at support@aftontickets.com if you become aware of any unauthorized access to your account or any other actual or suspected security breach. Upon receiving such notice, we will investigate the matter and take any necessary actions to protect your account and the integrity of our systems.

Limitation of Liability. To the maximum extent permitted by applicable law, we are not responsible for any harm, loss, or damage that may result from a data breach, except to the extent directly caused by our gross negligence or willful misconduct. This limitation does not affect any rights you may have under applicable data protection laws that cannot be waived by contract.

Your Role in Security. We encourage you to take steps to protect your personal information, including using strong and unique passwords for your account; enabling any available multi-factor authentication; regularly monitoring your account activity; and logging out of your account when using shared or public devices.

Canadian Users — Breach Notification Supplement

Federal (PIPEDA): Where a breach of security safeguards involving personal information of Canadian users creates a real risk of significant harm to any affected individual, we will notify the Office of the Privacy Commissioner of Canada as soon as feasible and directly notify all affected individuals. We will maintain a record of all such breaches for a minimum of 24 months. Quebec (Law 25): Where a confidentiality incident affecting personal information of Quebec residents presents a risk of serious injury, we will notify the Commission d'acces a l'information du Quebec (CAI) and any affected individuals as soon as reasonably possible.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PRESENTED "AS IS" AND "AS AVAILABLE." NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR ANY OFFERING. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

YOU AGREE THAT NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (3) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, LOSS, OR MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (5) COMPUTER VIRUSES, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF ANY OFFERING; (6) INACCURACIES OR OMISSIONS IN ANY CONTENT; OR (7) EVENTS BEYOND OUR REASONABLE CONTROL.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You.

LIMITATION OF LIABILITY

NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, DELAY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), RELATING TO OR ARISING IN CONNECTION WITH OR OUT OF ANY SERVICES OR USE OF ANY SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES.

OUR TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND ALL SERVICES PROVIDED UNDER THESE TERMS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US IN THE 3 MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO ANY LIABILITY OR $100, WHICHEVER IS GREATER. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify and hold us and our officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensors, and successors in interest harmless from any and all losses, liabilities, damages, fees, expenses, and costs (including reasonable attorneys' fees, court costs, damages awards, and settlement amounts), resulting from any third party claim, action, or demand relating to: (a) your use of or access to any Offering; (b) Your Content; (c) your breach of any representation, warranty, or other provision of these Terms; (d) your violation of any applicable law, rule or regulation; (e) your willful misconduct; or (f) any other party's access and use of our Services with your unique username, password or other appropriate security code.

HEALTH AND SAFETY NOTICE, ASSUMPTION OF RISK, WAIVER & LIMITATION OF LIABILITY

All ticket purchasers, along with any third parties for whom tickets are purchased (collectively, "Attendees") understand that the event for which they purchase a ticket shall be presented in accordance with applicable public health requirements as of the date of such event. Attendees agree to follow all event policies (including health and safety policies) and posted instructions while at the event.

ASSUMPTION OF RISK. Attendees understand and agree that there are certain risks of personal or property injury, illness and/or death associated with attending the event and/or entering the venue, including without limitation risks related to communicable diseases, viruses, bacteria, or other pathogens (including but not limited to COVID-19 and any variant, mutation, or successor thereof, as well as any future communicable disease or public health condition). Attendees should evaluate their personal health risk in determining whether to attend the event. Attendees understand and agree (a) that the risk of exposure to communicable diseases cannot be fully eliminated and is increased by proximity to other people, (b) that an inherent and elevated risk of exposure exists in any public place where people are gathered, (c) that there is no guarantee that Attendees will not be exposed to any communicable disease, and (d) that such exposure can result in illness, disability, and other short-term and long-term health effects, including death. Despite these risks, Attendees voluntarily assume ALL known and potential risk and danger of injury and/or death from any cause resulting from, in connection with, or incidental to the event and/or venue.

WAIVER. Attendees forever release, waive, discharge and agree not to sue the following: the event owner(s); event producer(s); event promoter(s); event performers, artists and their managers, agents, furnishing companies and representatives; the event ticketing agency and/or ticketing services provider; and their respective parents, subsidiaries, affiliates, partners, owners, members, managers, officers, directors, past and present employees, volunteers, agents, representatives, successors, trustees, successors and assigns (collectively, the "Releasees") from any known or unknown claims, losses, damages, liability, demands, actions, injury or death, including those relating to any communicable disease or illness or injury that Attendees may sustain while at the event or in the venue, regardless of whether caused by the negligence or other fault of the Releasees or any third party.

For California residents: I understand that this Waiver applies to Claims which I may not know or suspect to exist and I knowingly and voluntarily waive such rights, including those under California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party."

Attendees further agree to indemnify, defend, and hold harmless Releasees from all claims, demands, liabilities and/or damages arising from Attendees' conduct, acts or omissions during the event and/or at the venue.

LIMITATION OF LIABILITY. To the fullest extent permitted by applicable laws, none of the Releasees are or will be responsible or liable to Attendees or to any third party for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any theory of liability, arising out of or relating in any way to the ticket and/or the event and/or the venue.

DISPUTES / ARBITRATION AGREEMENT

If a dispute arises between you and Afton Tickets, Inc., our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. You and Afton Tickets, Inc. agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services in accordance with the subsections below.

If either party has a dispute, it must immediately notify the other party in writing. If the parties cannot resolve the dispute within fourteen (14) days, the dispute will then be submitted to mediation by a mediator agreed to by the parties, or failing agreement, appointed by JAMS, Inc. ("JAMS") at the request of either party. If the matter is not resolved by mediation within fourteen (14) days, the matter will be submitted for arbitration by a single arbitrator to be appointed by the parties or, failing agreement, appointed by JAMS at the request of either party. Arbitration or mediation under this agreement will be conducted under JAMS rules. Any such mediation or arbitration shall take place in Portland, Oregon. Unless the parties agree otherwise, English shall be the sole language of all such proceedings. This arbitration provision shall survive termination of this Agreement. Notwithstanding the foregoing, either party may instead bring an individual claim in small claims court in any jurisdiction where the claim qualifies.

A party who wishes to initiate arbitration must provide the other party with a written demand that includes: (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; and (4) evidence that the requesting party has paid any necessary filing fees.

YOU HAVE A RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE. You have the right to opt out by sending written notice to Afton Tickets, Inc. at 581 Lancaster Dr. SE #169 Salem Oregon 97317, or by email to legal@aftontickets.com, within 30 days of first accepting these Terms of Service. Otherwise, this agreement to arbitrate will apply without limitation.

BOTH PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Mass Arbitration. If 25 or more demands for arbitration asserting substantially similar claims are filed against the Company by or with the assistance of the same law firm or coordinated counsel within a 90-day period (a "Mass Arbitration"), the parties agree that the Mass Arbitration will be administered under the JAMS Mass Arbitration Procedures and Guidelines then in effect, which may include the appointment of a process arbitrator and the resolution of claims in batches. The parties will cooperate in good faith to resolve the claims efficiently. Any applicable statute of limitations is tolled for each claim while it is pending under this procedure. Nothing in this paragraph limits any party’s right to bring an individual claim in small claims court.

The arbitrator will have the power to award any damages or other relief provided for under applicable law, except for punitive damages to which neither party will be entitled. The arbitrator's decision will be final and binding on the parties. All disputes arising out of or related to these Terms of Service shall be governed by, construed and enforced in accordance with the laws of Oregon, without giving effect to any principles of conflicts or choice of law. If the mandatory arbitration provisions above do not apply for any reason, such dispute shall be submitted to and resolved solely in the state or federal courts located in Portland, Oregon without jury trial.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210 or (916) 445-1254. For hearing impaired persons: 711 or 1-800-735-2929 (TTY).

Canadian Users — Dispute Resolution

If you are a resident of Canada, disputes involving your use of the Services may also be subject to applicable federal and provincial law, including consumer protection legislation that cannot be waived by contract. Quebec residents may have the right to bring a claim before the courts of Quebec or make a complaint to the Office de la protection du consommateur (OPC) at www.opc.gouv.qc.ca. Canadian residents who believe their privacy rights have been violated may file a complaint with the Office of the Privacy Commissioner of Canada at www.priv.gc.ca or by calling 1-800-282-1376.

NOTICE

You consent to receive any agreements, notices, disclosures and other communications to which these Terms refer from us electronically, including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us by emailing legal@aftontickets.com and discontinue your use of the Services.

CANADIAN USERS — PROVINCIAL CONSUMER PROTECTION RIGHTS

Certain Canadian provinces have consumer protection laws that may provide you with rights in addition to those set out in these Terms. Nothing in these Terms is intended to limit or exclude any rights you may have under applicable provincial law that cannot be waived by contract. If you are a resident of Quebec, your use of the Service and any purchases made through the Service may be subject to Quebec's Consumer Protection Act (RLRQ, c. P-40.1) and applicable privacy legislation. In the event of a conflict between these Terms and any mandatory provision of Quebec consumer protection law, the mandatory provincial law shall prevail to the extent of the conflict.

GOVERNING LAW

The laws of Oregon, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

GENERAL / SEVERABILITY AND WAIVER

You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Services, and supersede and govern all prior proposals, agreements, or other communications, whether written or oral. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us. If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter. Neither these Terms nor any of your rights or obligations hereunder may be assigned or transferred by you without our prior written approval. We may assign these Terms to any party that assumes our obligations hereunder.

TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

COOKIES POLICY

Afton Tickets, Inc. uses cookies and similar tracking technologies on the www.aftontickets.com website and mobile applications. How we use them, and the choices you have, including how to opt out of advertising-related sharing, are described in our Privacy Policy, which forms part of these Terms.

DISCLAIMER

The information contained on the Service is for general information purposes only. The Company assumes no responsibility for errors or omissions in the contents of the Service. In no event shall the Company be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The information on the Service is provided with the understanding that the Company is not herein engaged in rendering legal, accounting, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional accounting, tax, legal or other competent advisers.

CONTACT

If you have any questions about these Terms and Conditions, You can contact us:

By email: legal@aftontickets.com

By mail: 581 Lancaster Dr SE #169, Salem, OR 97317

By phone: 888-308-9574

Copyright © Afton Tickets, Inc. All worldwide rights reserved.