- GateMe is administered by BaBash Group OÜ (hereinafter BaBash Group), address Mustamäe tee 44/2, Tallinn, Harjumaa, Estonia, 10621; e-mail: firstname.lastname@example.org.
- BaBash Group does not act as an organiser of any event. BaBash Group gives an option to buy yourself to the guestlist on request and behalf of organizers, promoters, artists, etc., and has no right to set or change the price and sales conditions, incl. issuing exchanges or refunds for lost or for other objects connected with the events. The rights and obligations connected with payments are set and informed of by the organiser of the event and BaBash Group is not liable for the content or fulfillment of or for the changes to these rights and obligations.
- BaBash Group's platform for event organizers GateMe is completely free to use if tickets or tables are sold via the aforementioned platform. In case the GateMe platform is only being used to manage guests, i.e adding people to guest lists and checking them in during an event, then the price is agreed upon with the representative of BaBash Group beforehand via phone call, text, or email. In case the event organizer could not be reached and the price couldn't be agreed upon, the fee for one event where the guest management functions have been used will be €50+VAT. The fee must be paid after receiving an invoice from the BaBash Group representative.
- BaBash Group does not act as a representative of the organiser of the event, of the artist, or of any other person responsible for the content, quality, information, or advertisements of the event.
- BaBash Group neither event organiser is not obliged to the refund if the customer has changed his/her name or he/she will not attend the event.
- BaBash Group reserves the right to limit the number of payments by one customer and to cancel the purchase which exceeds the set limit.
- When customer has paid through GateMe, then he or she is automatically added to the guestlist of the chosen event and he or she gets to the nightclub by showing the valid identification card.
- In case the organizer of the event does not allow the guest in due to his/her dresscode, age or any other condition set by the organizer of the event, then BaBash Group is not obligated to exchanges or refunds.
- BaBash Group disclaims any liability for blocked entrance, if it is caused by the invalid data of GateMe user, comments, third parties' actions and other circumstances that do not depend on BaBash Group.
- BaBash Group disclaims any liability for blocked entrance, if the event chosen and the amount paid is not real (wrong event, smaller amount). If there are any other reasons why your entrance might have been blocked, contact BaBash Group: email@example.com.
- In case the event is cancelled, postponed or its location is changed, BaBash Group is not obligated to exchanges or refunds. Exchanges and/or refunds are set and managed by the organiser of the event, if
not otherwise stated.
- BaBash Group is not responsible for the contribution, comments or other data to the website which is provided by GateMe users.
- GateMe website may include references and links to worldwide information on the Internet. As BaBash Group has no control over these sites and information provided there, BaBash Group takes no responsibility for the exactness, relevance, content and information of these sites.
- Any usage of this website, its content and data (incl reference to GateMe) for unlawful purposes as well as for advertising, business purposes or any other commercial activities (incl soliciting) is prohibited without BaBash Group prior written consent.
- GateMe user agrees not to interfere in any way with the proper working and technical solutions of GateMe website. Any monitoring of GateMe usage and copying, reproducing, altering, using and publishing such data results on any purposes is prohibited. Any action that imposes an unreasonably large load on our GateMe system, on our website or on the proper working of GateMe is prohibited.
- Violation of GateMe website terms of usage gives BaBash Group the right to block access to and/or cancel an order on any user.
- By acting on GateMe website its user agrees: 1) to be at least 18-year-old fully responsible person (7-18 year-old person of limited responsibility must confirm that he has full approval and facilities from a lawful representative to use GateMe website); 2) to be a legal entity whose representative is authorized to use GateMe website on his behalf; 3) to follow all GateMe website terms of usage; 4) to take full responsibility for the consequences if his/her username and password become known to a third party; 5) that we might give his/her name, e-mail and phone number to the nightclub.
- BaBash Group disclaims any liability for cancelled events, their organisation, advertising, information or for any other circumstances connected with the events as well as for possible losses and damage that may result from the cancellation of an event.
- BaBash Group is not responsible for any damages or losses whatsoever that result from the use of GateMe website and/or its content and from the use of links on this website.
- BaBash Group does not check the identity of the user, except for the username and password.
- Neither BaBash Group nor organizers of events check the identity of a payer, neither are they responsible for any damages whatsoever that may result from this.
- All complaints about the content, quality and advertising of an event should be presented to the organizers of events.
- Any disagreements arising from the use of GateMe website are handled according to the present terms of usage and Estonian laws.
Welcome to GateMe. GateMe allows event organizers all over the world to manage their guest lists and sell tickets. The following page contains our Terms of Service, which govern all use of our Services.
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the BaBash Group OÜ websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by BaBash Group OÜ ("GATEME") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by GateMe. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by GATEME. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY GATEME. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF GATEME, OR (II) BY GATEME AS PROVIDED IN SECTION 1.2 BELOW.
GATEME reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF GATEME.
GATEME provides a simple means for registered users who are event organizers and planners ("Organizers" or "you") in nightclubs to manage their guest lists and collect payments with respect to the sale of tickets for events registered on the Site from registered users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their venue and fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through PayPal or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM"). For more information, please see https://gateme.com
. This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please see https://gateme.com/about/terms/
3. YOUR USE OF THE SERVICES.
3.1 The Services.
GateMe hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a venue page and and event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
If you are allowed to download or use any Software in connection with the Services, GATEME hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by GATEME in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by GATEME, including without limitation GATEME'S mobile applications (such as GateMe app). For clarity, the Software will be deemed a part of the "Services" hereunder.
Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.
4. PAYMENT METHODS.
4.2 Payment process.
All payment processing occurs directly through GATEME. GATEME will collect all Event Registration Fees on behalf of the Organizer from Buyers and deduct all applicable Services Fees from the Event Registration Fees collected by GATEME, and then pass the remainder along to the Organizer when he clicks on "Withdraw" button (through an electronic funds transfer to the account that the Organizer accurately designates on the Site), provided that GATEME reserves the right to withhold funds (i) at any time as GATEME determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. GATEME, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as GATEME may establish from time to time. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Event Registration Fees ultimately due will be net of all Service Fees (including Ticket Sale Service Charges), refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from GATEME with respect to any event that is cancelled. If payments have already been made by GATEME to an Organizer for a cancelled event, such Organizer will immediately refund to GATEME all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in currencies accepted by GATEME. If Organizer selects a foreign currency option accepted by GATEME, GATEME will collect and disperse the funds in the foreign currency selected by Organizer.
ORGANIZER AGREES THAT ANY PAYMENT BY GATEME OF EVENT REGISTRATION FEES PRIOR TO THE CLICK OF THE WITHDRAW BUTTON ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TOS AND THAT GATEME MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FOURTEEN (14) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO GATEME SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY GATEME.
GATEME shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if GATEME receives complaints from a substantial number (as determined by GATEME in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or GATEME determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where GATEME would reasonably expect to lose a chargeback, GATEME may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to GATEME.
4.4 Non-Exclusive Remedies.
In the event any amounts are owed by Organizer to GATEME under this TOS or otherwise, GATEME may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer's outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay GATEME such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to GATEME hereunder are not made by Organizer when due, GATEME reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer's registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.
Upon receipt of each individual ticket purchase, GATEME generates a confirmation message and adds Buyer’s name into the guest list. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by GATEME through the Services, and it is your responsibility to verify the Buyer's name and/or any event restrictions prior to the subject event.
(c) Taxes; Withholding.
You are responsible for (and will indemnify GATEME and its affiliates against) all taxes associated with your sale of tickets through the Services (excepting taxes based on GATEME'S net income), which amounts may be withheld from payments due to you or invoiced to you.
GATEME reserves the right to withhold the payment of any amounts owed to you hereunder if (i) GATEME suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or (ii) GATEME is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by GATEME).
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify GATEME of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GATEME cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that GATEME shall be the sole arbiter of such dispute in its sole discretion and that GATEME'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by GATEME in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. GATEME may own the Site Content or portions of the Site Content may be made available to GATEME through arrangements with third parties. Except as expressly authorized by GATEME in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of GATEME. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content") as an Organizer, you hereby grant to GATEME a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If GATEME determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, GATEME will have the right to cancel the relevant event (and all other events listed on the Site) and issue a refund to all Buyers. GATEME reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that GATEME may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of GATEME both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- facilitate gambling;
- impersonate any person or entity, including, but not limited to, an GATEME representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
- upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by GATEME;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or
- stalk or otherwise harass any person or entity.
8.2 Certain Remedial Rights.
You acknowledge that GATEME does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that GATEME and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that GATEME may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of GATEME, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
GATEME may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].gateme.com). All such sub-domains are the sole property of GATEME. In the event GATEME provides you with a sub-domain, your right to use such sub-domain may be terminated by GATEME at any time (with or without notice) for any reason or no reason.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the country in which you reside.
11. ADDITIONAL SERVICES.
GATEME may, upon request, and for such fees as GATEME may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing iPads and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written agreement between you and an authorized officer of GATEME, and shall set forth the Service Fees and the other terms and conditions relating to such additional services.
You agree to defend, indemnify and hold GATEME, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other 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") due to or arising out of: your Content; your or any of your affiliates', or any of your or your affiliates' officers', directors', agents' or employees', use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. GATEME shall provide notice to you of any such Claim, provided that the failure or delay by GATEME in providing such notice shall not limit your obligations hereunder. GATEME reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting GATEME's defense of such matter.
13. SERVICE MODIFICATIONS/SUSPENSIONS.
GATEME reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. GATEME will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees related to refunds issued to Buyers. You agree that GATEME shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
GATEME, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due GATEME, or if GATEME believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that GATEME may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that GATEME shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because GATEME has no control over such websites and resources, you acknowledge and agree that GATEME is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that GATEME shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
16. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GATEME HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. GATEME MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. GATEME IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND GATEME WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT GATEME HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, GATEME IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND GATEME HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to GATEME. GATEME, in its sole discretion, may investigate the claim and take necessary action.
17. LIMITATION OF LIABILITY.
GATEME SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GATEME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR (III) ANY MATTERS BEYOND GATEME'S REASONABLE CONTROL. GATEME SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Notices to you may be made via either email or regular mail to the address in GATEME's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at BaBash Group OÜ, Mustamäe tee 44/2, Tallinn 10621, Estonia.
20. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of GATEME (the "GATEME Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of GATEME. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with GATEME Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of GATEME specific for each such use. The Trademarks may not be used to disparage GATEME, any third party or GATEME's or third party's products or services, or in any manner (in GATEME's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless GATEME approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any GATEME Trademark shall inure to GATEME's benefit.
21.1 Entire Agreement.
This TOS constitutes the entire agreement between you and GATEME and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and GATEME. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.
21.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of Estonia, as such laws are applied to agreements entered into and to be performed entirely within Estonia by Estonian residents.
21.3 Waiver; Invalid Provisions.
The failure or delay of GATEME to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
21.4 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email to firstname.lastname@example.org