Organizer Terms of Service
These Terms of Service ("Organizer Terms") are effective as of June 20, 2018.
Please read these Organizer Terms carefully. By using Goldstar's Services and listing your events on Goldstar, you agree to comply with and by bound by these Organizer Terms. You also agree to comply with and be bound by Goldstar's general Terms of Service and Privacy Policy which are applicable to all users, including Organizers. If you do not agree to these Organizer Terms, the Terms of Service or Privacy Policy, please do not use or access Goldstar's Services.
1. Definitions
"Goldstar" refers to Goldstar Events, Inc., https://www.goldstar.com, and Goldstar's mobile applications (or "apps").
"Goldstar's Services" or "Services" means all of Goldstar's features available to members and visitors, including viewing events, checking show dates, browsing information about Goldstar policies, accessing help content, purchasing event tickets, liking events and venues and receiving personalized event recommendations. These Services are available on goldstar.com, Goldstar's mobile apps, and through Goldstar's off-platform distribution partners. Goldstar's Services also include the features available to Organizers, including using Goldstar's Audience Marketing Platform, advertising events and offers and selling tickets.
"Organizer" or "you" refers to an individual or company using Goldstar's services to create, display and/or sell events or tickets on Goldstar.
2. Affiliates and Distribution Partners
Goldstar has a large affiliate network that helps promote Organizers' events. This includes numerous small affiliates as well as several major partners. This program is a key part of our marketing strategy and one of the major investments Goldstar has made to bring Organizers larger audiences and more revenue opportunities. While Goldstar makes Organizers' events available to our affiliates and partners, Goldstar cannot guarantee that each Organizer's events will be accepted by Goldstar's affiliates or partners, and Goldstar does not have control over or final say as to which Organizer's events are posted on Goldstar's affiliates' or partners' websites. By submitting an event to Goldstar, you acknowledge that your event may be listed on one or many affiliate or partner networks. For more information about our affiliates and distribution partners, see the Frequently Asked Questions within our Audience Marketing Platform. If you have questions or concerns about your event appearing on affiliate and distribution partner websites, please raise them with Goldstar's Supplier Success Team at venues@goldstar.com at the time you submit your event.
3. Authorization and Payment of Applicable Taxes
By submitting an event to Goldstar, you certify that you are a duly authorized representative of the Organizer and that you have received approval to use the Organizer's marketing promotions and make event tickets available through Goldstar. You also certify, to the best of your knowledge, that the Organizer has every legal and contractual right to allow these promotions and to make these tickets available through Goldstar.
Organizer shall be responsible for the payment of all applicable sales or use taxes or any value added or similar taxes payable with respect to Organizer's tickets sold by Goldstar, other than taxes based upon Goldstar's net income. In the event any such tax is imposed on Goldstar by the relevant taxing authorities, Organizer shall indemnify, defend and hold Goldstar harmless from any liability for, or assessment of, any claims or penalties with respect to such taxes and Organizer shall promptly pay and reimburse Goldstar for the full amount of any such taxes, including any penalties and interest, paid by Goldstar on behalf of Organizer, as well as any costs associated with the collection thereof.
4. Images and Text
By submitting an event image to Goldstar, you certify that you have the rights necessary to permit Goldstar to display the image, or that you submitted a "free to use, even commercially" image found using the search featured provided in Goldstar's Audience Marketing Platform. For event images that include a person's photograph, you further certify that you have the appropriate consent(s) from that person(s) to allow for the use of their image. In addition, when you submit text to Goldstar, you represent and warrant that the text was created by you or your employee or, if you didn't create the text, that you have the rights necessary to permit Goldstar to display the text on the Goldstar website.
If you asked a member of the Goldstar team to obtain images or text from your website or another website, you represent and warrant that you have the rights necessary to permit Goldstar to display the images and text on the Goldstar website. By submitting event images and text, you hereby permit Goldstar to make modifications to your images and text, including resizing, removing text or logos and similar edits, in order to make the images and text fit within Goldstar's aesthetic or copy guidelines.
5. User Privacy
You represent, warrant and agree that you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations and the Goldstar Privacy Policy (link to goldstar.com/company/privacy), with respect to information you collect from (or receive about) Goldstar users; and that you will only use this information as needed to fulfill users' purchases.
6. Self-Serve Ad Interfaces
If you choose to take advantage of Goldstar's self-serve ad interface to Boost your event in Goldstar emails, you will also be asked to accept Goldstar's Self-Serve Boost Email Ad Terms (goldstar.com/supplies/boost_tos).
7. User Reviews
After an event or show, Goldstar solicits ratings and reviews from our members that attended the event or show. Reviews are important to Goldstar, providing our users with feedback – positive or negative – about events, venues and artists. Reviews that are negative or that an Organizer disagrees with will generally not be removed. However, Goldstar reserves its right to remove a review at any time for any reason. The reviews posted by Goldstar are individual and highly subjective opinions. The opinions expressed in reviews are those of Goldstar members and not of Goldstar. We do not endorse any of the opinions expressed by reviewers. In accordance with our Privacy Policy, Goldstar does not release anyone's personal information.
8. LIMITATION OF LIABILITY
ORGANIZER HEREBY AGREES TO RELEASE GOLDSTAR FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF A DISPUTE BETWEEN YOU AND A THIRD PARTY (INCLUDING GOLDSTAR USERS OR OTHER ORGANIZERS) IN CONNECTION WITH THE SERVICES OR ANY EVENT LISTED ON THE SERVICES. IN ADDITION, YOU WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
9. Indemnification
You agree to defend, indemnify and hold Goldstar and each of its respective officers, directors, agents, co-branders, licensors, partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; and (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party. Goldstar will provide notice to you of any such Claim, provided that the failure or delay by Goldstar in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances Goldstar may choose to resolve the Claim itself, in which case you agree to cooperate with Goldstar in any way we request.
9. Terms
These Organizer Terms apply to you as soon as you access Goldstar's Services by any means and continue in effect until they are terminated. Goldstar may terminate your right to use our Services at any time: (a) if you violate or breach these Terms; (b) if you misuse or abuse our Services, or use the Services in a way not intended or permitted by Goldstar; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations, Goldstar's Terms of Service (link to goldstar.com/company/tos), Privacy Policy (link to goldstar.com/company/privacy) and these Organizer Terms or would expose Goldstar to legal liability. Goldstar may choose to stop offering the Services, or any particular portion of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Goldstar's sole discretion, failure to do so would materially prejudice you. You agree that Goldstar will not be liable to you and you will indemnify Goldstar against any third-party Claim as a result of its termination of your right to use or otherwise access Goldstar's Services.
Organizer Data Processing Addendum
Understanding that EU citizens may purchase tickets to Organizer's events on Goldstar, and Goldstar may send information about those citizens to Organizer for the purpose of fulfilling ticket purchases, Goldstar and Organizer agree to the following Data Processing Addendum ("DPA") in accordance with the EU General Data Protection Regulation (2016/EC/679) or "GDPR"), or equivalent legislation, including any amending or replacement legislation from time to time ("Applicable Data Protection Laws"). This Addendum shall form part of the Organizer Terms of Service between Goldstar and Organizer.
Overview.
The terms of this DPA are hereby incorporated into any applicable services agreement or the Organizer Terms herewith between Organizer and Goldstar and become effective as of June 20, 2018.
In the event of a conflict between this DPA and any other provision of an agreement between Goldstar and Organizer, this DPA will control; except where Organizer and Goldstar have negotiated data processing terms that are different from this DPA and which meet the requirements of Applicable Data Protection Laws in full, in which case those negotiated terms will control.
1. Applicability of DPA and scope of data processing activities.
(a) In this DPA, "Data Controller", "Data Processor", "Data Subject", "Processing" and "Personal Data" shall have the meanings ascribed to them in Applicable Data Protection Laws. For the purposes of Applicable Data Protection Laws, Goldstar is a Data Controller of the Personal Data associated with an individual using Goldstar to purchase a ticket to attend Organizer's event. Where Goldstar shares Personal Data with Organizer to facilitate ticket purchases and related services, Organizer is a Data Processor and agrees to Process such Personal Data in accordance with Organizer's obligations under Applicable Data Protection Laws.
(b) Details about the Personal Data to be Processed by Organizer and the Processing activities to be performed under the Agreement are as follows:
Subject matter: The subject matter of Processing is the services covered by agreements between Organizer and Goldstar, including the purchase and sale of event tickets. Duration: as necessary to fulfill the ticket purchases, or so long as Organizer maintains access to Personal Data. Nature and purpose: to enable Organizer to fulfill ticket orders purchased on Goldstar or Goldstar's distribution partner sites. Data categories: name, email address, information related to tickets purchased, other contact information as necessary. Data subjects: Individuals that purchased tickets on Goldstar's site or Goldstar's distribution partner sites.
2. Data Use and Processing.
Whenever Organizer Processes Personal Data on behalf of Goldstar, Organizer shall:
(a) Process Personal Data in compliance with the terms of this DPA and all Applicable Data Protection Laws;
(b) Process Personal Data only on the documented instructions of Goldstar, unless required to do otherwise by applicable law. Organizer shall inform Goldstar of the legal requirement before Processing Personal Data other than in accordance with Goldstar 's instructions, unless that same law prohibits Organizer from doing so on important grounds of public interest. Organizer will notify Goldstar if in its opinion an instruction is in breach of Applicable Data Protection Laws. Goldstar hereby instructs Organizer, and Organizer hereby agrees, to Process Personal Data as necessary to perform Organizer's obligations under the parties' agreements and for no other purpose;
(c) To the extent necessary to fulfill ticket orders or other obligations under applicable agreements, Goldstar authorizes Organizer to engage third parties or sub-processors;
(d) Impose obligations on its sub-processors that have access to Personal Data that are the same as or equivalent to those set out in this Section 2 by way of a written contract, and remain fully liable to Goldstar for any failure by a sub-processor to fulfil its obligations in relation to the Personal Data;
(e) Make available to Goldstar a list of third parties that Process Personal Data upon reasonable request. Goldstar may object to the appointment of third parties in accordance with the GDPR;
(f) Ensure that its personnel are subject to binding obligations of confidentiality with respect to Personal Data; and
(g) Provide reasonable assistance to Goldstar in responding to rights requests under Applicable Data Protection Laws, complaints, or other communications received from any data protection authority or individual who is the subject of any Personal Data Processed by Organizer. In the event that an individual submits a Personal Data deletion request to Organizer, Goldstar hereby instructs and authorizes Organizer to delete or anonymize Personal Data on Goldstar's behalf.
3. Cross-Border Transfers of Personal Data.
Organizer will not transfer Personal Data outside of the European Economic Area without Goldstar's prior written agreement, in which case Goldstar and Organizer agree to enter into such arrangement as may reasonably be required to provide adequate safeguards in respect of that transfer necessary to comply with Applicable Data Protection Laws.
4. IT Safeguards for Personal Data.
Organizer agrees to implement technical and organizational security measures to protect Personal Data. These include: pseudonumisation and encryption of Personal Data, where appropriate; the ability to ensure the ongoing confidentiality and integrity of Organizer's Processing; the ability to restore the availability of and access to Personal Data in the event of a physical or technical incident; and a process protecting Personal Data against unauthorized or unlawful Processing and against accidental loss, destruction, damage, alteration or disclosure.
5. Security Incidents.
Organizer shall notify Goldstar in the event of a Data Security Breach without undue delay, but in any event no later than 48 hours, and provide co-operation and assistance to Goldstar to enable Goldstar to comply with its obligations as a Data Controller in relation to data breach notification requirements. "Data Security Breach" means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or unauthorized access to, Personal Data transmitted, stored or otherwise Processed;
6. Audits.
Upon Goldstar's written request, Organizer agrees to make available to Goldstar all information reasonably necessary to demonstrate its compliance with the obligations set out in Section 2, and allow for and co-operate with any audits. Any on-site audits shall be: (i) permitted only on reasonable advance notice to Organizer; (ii) subject to appropriate confidentiality undertakings; and (iii) limited to once every three (3) years and only in order to evaluate a specific suspected deficiency after exhausting all other reasonable means.
7. Data Storage and Deletion.
Organizer agrees that it will not store or retain any Personal Data except as necessary to perform the services related to this agreement. At Goldstar's request, Organizer will return, delete, or destroy the Personal Data and copies thereof (unless applicable law requires the storage of such Personal Data).