TERMS OF USE

Last updated: February 19, 2024

The Company KONTRAMARKA LLC, registration number: L23000213792, postal address: 221 WEST HALLANDALE BEACH BLVD., #310 HALLANDALE, FL 33009 USA, hereinafter referred to as "the Company", "We", "Us" or "Our"), cooperating with Ticket Implementers and Event Organizers on the basis of separate agreements and is the owner of the Site: https://kontramarka.us.

These Terms apply to any purchases made through the Company-owned Reseller Widget Site and are designed to ensure your understanding of the purchase process and to explain our involvement in the provision of the Services and the specifics of the purchase of Tickets. The Terms come into force from the date of their posting on the Site and are valid indefinitely.

By default, We provide the Site as an online platform that enables third-party companies (Implementers) to post advertisements for the sale of Tickets for various events and concerts. In this case, we are not responsible for the Ticket Implementers but only connect them with Buyers who wish to buy Tickets. By accessing or using our Site, Buyer agrees to be bound by these Terms of Use and the Privacy notice. If the Buyer does not agree to be bound by these Terms, or if at any time the Terms become unacceptable, please stop using the Site and our Services immediately.

Before placing an order, the Buyer is redirected to a separate content module (Widget) of the Company, which is automatically determined by the System and connects the relevant Implementers (who is responsible for selling Tickets for a certain Event) with the Buyer. By purchasing a ticket, the Buyer agrees to the terms of purchase of the relevant Implementers.

All Ticket Implementers are subject to the requirements set out in these Terms of Use. We draw your attention to the fact that the Company, in addition to providing the Site and System for use, can additionally act as an Implementers or Organizer and sell Tickets. In this case, We will have the same rights and obligations as provided by these Terms and Conditions for Implementers and Organizers.

Please note that We may make changes to these Terms at any time, which will be effective immediately when We post the updates on the Site. The "Last Updated" date above will tell you when the Terms were last revised. By continuing to use this site after this date, you agree to the changes.

If you have any additional questions, do not understand something, or have any other questions, please contact us by e-mail at support@kontramarka.us.

1. TERMS

In this document, the following terms are used equally in the singular and plural (unless otherwise indicated in the term and/or definition) with the following meanings:
● "Ticket" - a document sent to the Buyer by e-mail (unless otherwise provided by the conditions on the website) and certifying the Buyer's right to visit (pass, view, listen to) the Event, contains a bar code, order number, information about the name, date, the location of the Event, the seat allocated to the Buyer (sector, row, etc.), the cost of attending the Event and the amount of the Service Fee, as well as additional legal or technical information.
● "Reservation" - a formed Order that awaits payment by the Buyer.
● "Order" - one or more Tickets for one Event, selected by the Buyer from the System and united in the System by a single identification number.
● "Event" - a cultural and entertainment event, including a theatrical performance, circus performance, concert, exhibition, film screening, festival, show, fashion show, sports competition, excursion, as well as any other event, the attendance of which is possible only conditions for presentation of the special document Ticket.
● "Organizer" of the Event - a legal entity, an individual entrepreneur, who has the right to organize and conduct the Event on the basis of relevant, permission documents (if such are provided by law) contracts and is responsible for the Event.
● "Buyer" or "You" - a natural or legal person who uses the Company's services for booking (if available) and issuing Tickets in accordance with these Terms.
● "Implementer" of Tickets - a legal entity that sells Tickets, is responsible for and controls the content and veracity of posted information about the Event and the conformity and originality of Tickets.
● "Service fee" - funds charged to the Buyer during the sale of Tickets for the services of booking and selling Tickets. The amount of the Service Fee for each Ticket is a certain percentage of the cost of the service indicated on the Ticket.
● "System" - a software complex that operates the Site owned by the Company and which is intended for booking, registration, sale and generation of unique series and numbers of Tickets, identification and storage of user transactions, sending confirmations of purchase by e-mail. mail etc.
● "Site" - a collection of the Company's web pages (including subdomains), located at the link: https://kontramarka.us.
● "Widget" is a content module of the Company that serves to organize the Buyer's communication with the Implementer and to which the Buyer is redirected to purchase a Ticket.

2. ACCOUNT REGISTRATION

You can browse the Site without registering an account. You will need to register an account to perform certain functions, such as Reservation, Order or purchasing a Ticket. Every time you log in to your account in the System, we will send you a unique code to your e-mail, which will serve as a password for entering the account. Do not share your account username and password with third parties. The buyer is responsible for the confidentiality and use of their username and password, and for all activities (including purchases) that occur through your account.

If you suspect any unauthorized use of your account or any other breach of security related to your account, you must immediately notify us in writing. The Company is not responsible for any damages related to the disclosure of your username or password or the use of your username or password by someone else.

When registering an account, the Buyer must use his own name, according to official documents. You may not use another person's name with the intent to impersonate that person or for any other reason. In addition, the name must not be offensive, vulgar or obscene. The Company may require you to change your password (if any) if We believe that Your account is no longer secure, or if We receive a complaint that Your username infringes someone's rights. At the same time, the Company may delete your account at any time, without explaining the reason. The Buyer does not own their account or username.

Before starting the registration, the Buyer should familiarize himself with these Terms of Use and the Privacy notice. Your registration confirms your full and unconditional acceptance of the Terms of Use and Privacy Policy.

To use the Site and register an account, you must be at least 18 years old and have the right to enter into legally binding contracts. The Company may refuse registration, cancel an account or prohibit access to the Site for any reason.

3. AGREEMENT WITH THE IMPLEMENTER

We are an online platform that helps registered users buy Tickets for various Events. These Terms of Use constitute the entire agreement between the parties relating to the subject matter hereof.

This section of the Terms applies to your use of the Site and the purchase of Tickets. By purchasing Tickets using the Site, the Buyer enters into an agreement with the Implementer. We, in turn, obtain your consent to transfer your personal data and may transfer information about you related to your account that allows you to be identified as the Implementer.

Unless otherwise stated at the time of sale, We act as an intermediary for Event Organizers and/or Event Ticket Implementers. When buying Tickets, the Buyer always enters into a direct one-time agreement with one of the Implementers (the Company can also be the Implementer).

The Implementer sets the prices for the Tickets (in agreement with the Organizer) and is responsible to you for the legal obligations that the Implementer undertakes through the sale of the Tickets to you, namely that the Ticket was in the prescribed form and confirmed your right to present it to the Organizer and access the Event.

The Organizer is responsible to you for ensuring that the Event takes place and that you are able to access the event, in accordance with the Ticket(s) you purchased. If the Event is postponed or canceled, you must first contact the Implementer and act in accordance with Section 5 "Refunds" of these Terms.

Although the Company may provide guidance on the Site regarding pricing, event listings, seating, etc., these are for informational purposes only (without any guarantees as to accuracy). The company (if it does not act as an Implementer or Organizer) is not responsible for the actions of the Implementer, Event Organizer, third parties acting on its behalf, the organization itself and the fact of the Event being held.

In addition, although the Company may facilitate the resolution of disputes between the Buyer, the Implementer and the Organizer, We do not control or guarantee the availability, quality, or legality of the Tickets; safety at your chosen Events; truthfulness or accuracy of information about the Events; the ability of Implementers to sell Tickets or Buyers to pay for them; or that the Buyer or Implementer will complete the transaction. As an online platform, the Company does not own the Tickets sold through the Site (other than those sold by it as a Implementer or Organizer).

The Company may assign or transfer the rights and obligations under these Terms at any time on the same terms or conditions that are no less favorable to You. The Buyer may not assign or transfer its obligations under these Terms, or any of its rights or obligations, without the Company's prior written consent.

By giving us your personal data, as well as the personal data of third parties when filling in the information on the Widget, the Buyer agrees and understands that in order to provide you with Ticket sales services, the Company must transfer them to the Implementer. Among the personal data that the Company collects and can transfer to the Implementer may be: surname, first name, gender, date of birth, contact phone number, residential address and e-mail address. At the direction of the Organizer or the Implementer, in order to ensure security at some events (for example, football, etc.), the Company may collect personal data in the form of an identity document number and/or a tax number.

After paying for the Order, the Buyer receives the Ticket on your own by e-mail and is responsible for presenting it to the person responsible for organizing the Event. To do this, you can print the Ticket or save it in the memory of a technical device, provided that such a device allows you to display the document for control (scanning) by the access control system at the venue.

In case of ordering a Ticket using the Site, a message is sent to the Buyer's e-mail address. The buyer must pay the full price of the completed Order before placing the next Order.

Entry to the event is always subject to any terms, conditions or rules of the Implementer, Organizer and venue operator. It is the buyer's personal responsibility to read these terms, conditions or rules.

The Buyer must be aware of the events for which he has purchased a Ticket and must independently check whether the event will be postponed, canceled or otherwise changed. The Implementer is responsible for keeping up to date with the events for which it offers a Ticket on the Site. In case of event cancellation, the Organizer must remove information about the Event from the Site within 48 hours after the official notification from the Organizer. If the Ticket is sold to the Buyer, the Implementer is obliged to return the funds to the Buyer. We will do our best to notify buyers of changes in events but are not obligated to do so.

4. PAYMENT PROCEDURE

You have the right to pay for Tickets by any method offered to you on the Widget. The payment is considered completed by the Buyer at the moment of confirmation of the successful transaction by the payment (banking) institution and the actual transfer of funds to the account.

After the Implementer receives payment for the Ticket, the Order is considered complete and the Buyer has the right to attend the Event. In case of non-payment or partial payment of the order during the Registration Period, the Order is considered unsold and cancelled.

The Implementer, the Organizer and the Company are not responsible for the calculation and payment of any taxes on the sale of Tickets, except when the Company is required by law to calculate, collect and remit tax on these sales. Any applicable taxes must be included in the sale price of your Ticket.

You agree that the Company is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf, except where the Company is required by law to calculate, collect and remit such taxes. Buyer shall release the Company and (if applicable) its subsidiaries, affiliates, officers, directors, agents and employees from all liabilities, interest and costs (including attorneys' fees) incurred by us as a result of any third-party or governmental claim, which relates to any local, regional, state or international tax liability or amounts payable under any tax provision, law, order or decree.

Payments received from Buyers for Tickets purchased through the Site are directly processed by the Implementer and transferred to its account, and the Widget is provided to the Implementer for these purposes. You should understand that Implementers vary from country to country and event to event. At the same time, the Company can also act as a Implementer and receive funds from you. Information about the Implementer is provided to you before purchasing the Ticket.

We do not control (and cannot disclose) the fees charged by your bank and/or credit card company, including fees for ticketing and check-in in foreign currency or from foreign persons. Be sure to check with your bank or credit card company before purchasing for all applicable fees, credit card surcharges, and currency conversion rates.

We ask you to familiarize yourself with the legal entity of the Implementer, its terms of sale and privacy policy before purchasing a Ticket, and if you do not agree with any of the Terms for any reason, then do not take any action aimed at purchasing a Ticket, because this action may be irreversible, which will result in you losing money for the Tickets.

If the Implementer is unable to verify or identify any information provided by the Buyer during registration, ordering, purchasing, payment, including your credit card or bank account details, your Tickets may be cancelled. The Implementer may refuse to honor all pending Ticket purchases made using that credit card or bank account and/or through any online accounts associated with that credit card or bank account. If the Company has any doubts about your payments, it may also prohibit you from using the Site and the Widget content module.

When purchasing Tickets using the Site, the Buyer is limited to a certain number of Tickets for each event. This limit is set and checked during each transaction. These Terms are aimed at preventing the fraudulent purchase of Tickets. Each account must be associated with a unique individual and contain valid, verifiable information. Multiple accounts may not be used to circumvent or exceed posted Ticket restrictions. If the Buyer exceeds or attempts to exceed the specified limits of Tickets, the Company reserves the right to cancel any or all orders and Tickets without notice, and to prohibit you from purchasing Tickets. Any Tickets canceled due to exceeding the established limit may be refunded at face value (excluding fees).

In order to comply with the limits requirement, Buyers are prohibited from using automated software to purchase Tickets on the Site, as well as from bypassing any security measures, access control system or other technological controls.

If the amount paid by the Buyer for the Ticket is incorrect (whether due to human error, a malfunction of the Site or another system), then the Ticket may be canceled (or the order for that Ticket) and the amount paid by the Buyer be refunded. At the same time, the Company is not responsible for travel expenses or any other expenses incurred by the Buyer or anyone else in connection with errors of this nature.

When purchasing a Ticket, the Buyer undertakes in any case to provide your valid e-mail address, telephone number, as well as your name and the name of the Ticket recipient (in some cases, passport data and tax number, if such requirements exist). If such information is not provided or false or invalid information is provided to the Buyer, the sale of the Ticket may be refused.

The responsibility for saving and protecting the Ticket against copying is solely borne by the Buyer. If someone duplicates a Ticket, access to the Event will be open to the Ticket that was presented first.

In some jurisdictions there may be points of sale (cash desks) of Tickets. All available and necessary information regarding such ticket offices will be published for each specific Event. When paying at the cash register, the payment is considered completed by the Buyer at the time of receipt of funds at the cash register.

5. REFUNDS

Refunds for Event Tickets are made by the Implementer who sold you the Ticket and only in cases of event cancellation. At the same time, only the nominal value of the Ticket is returned to the Buyer, the Service Fee and the cost of Additional Services are not refunded.

Refunds to the Buyer in case of payment of the Order (Tickets) by non-cash method (bank card) occur after the Buyer sends an electronic request to the address info@kontramarka.us or to the address of the Implementer with the addition of a photo and/or a scanned copy of the Ticket(s) and a document confirming its purchase (account statement, payment order, etc.). In case of purchase of Tickets at points of sale (Box Offices), the Buyer must keep the Ticket(s) and, upon our request, send them back to the Implementer or the Company (in accordance with our instructions).

Only the Buyer, whose details are specified in the Order, can apply for a refund. Refunds are made within 10 (ten) working days from the moment of the Buyer's request, while the deadline can be extended for another 10 (ten) working days.

If the event is postponed (postponed), then the Buyers should contact the Implementer, who in turn will try to solve any problems with the Tickets. The Implementers are prohibited from reselling, canceling or changing Tickets for rescheduled events. Refunds will not be made for rescheduled events unless they are permanently canceled as stated above.

Also, the Company is not responsible for partial performances, venue, line-up, time changes or your bad impression afterwards. In these cases, no refund is made.

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

The Buyer has the right to:
● receive information about the rules of Ticket sales, Ticket prices, available Ticket categories and other information about the Events posted on the Site;
● choose the method of payment for the Ticket from those offered on the Company's Widget, while the Buyer is obliged to familiarize himself with the rules for using one or another payment method;
● send feedback on the Company's work to the contacts indicated on the Site;
● refuse to purchase a Ticket on the Company's Widget before paying for the Order. Such refusal will result in the termination of all obligations of the Company to the Buyer.

By using our Site and Services, the Buyer agrees not to do any of the following:
● be abusive towards any of our employees or other users;
● use our trademarks without our prior written permission;
● copy, reproduce, reconstruct, modify, create derivative works of, distribute or publicly display any content (other than your information) or software from our Site or Services without the prior written permission of us and the applicable third party, if applicable;
● interfere or attempt to interfere with the proper operation of our Site or Services, or any activity performed on our Site or Services.

In an effort to protect our Buyers and Implementers, the Company may screen Ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in the automatic cancellation of listings or sales and the temporary or permanent suspension of accounts. If your transaction is canceled in error or your account is suspended in error, please contact us and Company may reinstate your account or Company information at its sole discretion.

The Company has the right to:
● require the Buyer to comply with the entire order registration/payment procedure in accordance with the rules set forth in these Terms.
● cancel the Buyer's Reservation and/or Order if the Buyer has more than 2 (two) unpaid Reservations and/or Orders within 1 (one) calendar month.
● at any time modify any software of the system and/or the Site, suspend the software that ensures the functioning of the site and/or the System, upon detection of significant failures, errors and failures, as well as to carry out preventive work and prevent unauthorized access to the Site or System.
● set and change tariffs for your Services unilaterally and at any time.
● include in the price of the Order and charge the Buyer a service fee.
● demand full payment of the Ticket from the Buyer.
● cancel the completed order if it is not paid for during the Reservation Period. A canceled order cannot be updated for re-payment unless a new order is created by the Buyer.
● in case of non-fulfilment by the Buyer of any of the clauses of these Terms of Use, refuse to provide him with further services.

7. RESPONSIBILITY

These Terms of Use (and all documents incorporated by reference) constitute the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements and understandings between the parties, whether written or oral. No amendment, modification or addition to any provision of these Terms will be valid or enforceable unless made in accordance with the express provisions of these Terms of Use.

If any provision of these Terms of Use is held to be invalid or unenforceable under any circumstances, this shall not affect its application in any other circumstances and the other provisions of these Terms.

We provide the Site and the System and the Content to you on an "as is" and "as available" basis. The Company does not guarantee that the Site will always be safe, work without errors, failures, delays, therefore the Buyer uses the Site at your own risk. To the fullest extent permitted by law, and to the extent applicable law permits disclaimers of express or implied warranties, the Company disclaims all warranties, express or implied, including any warranties of title, merchantability, fitness for a particular purpose or non-infringement, agreement or course of use or usage of trade.

In no event shall the Company or our sellers, suppliers, advertisers and sponsors be liable to you or anyone else, and the Buyer hereby knowingly and expressly waives all rights to claim and recover damages of any kind arising out of in connection with the use of the Site and the System, its content or any product or service purchased using the Site. The Company is not responsible for any damages and moral damages suffered by the Buyer as a result of misunderstanding or misunderstanding of information about the order of execution/payment of the Order, as well as the receipt and use of the Services.

The parties are released from responsibility for full or partial non-fulfillment of their obligations under these Terms of Use if such non-fulfillment occurred as a result of force majeure, i.e. extraordinary and unavoidable conditions. Circumstances of force majeure include: natural disasters, military actions, strikes, natural disturbances and protests, actions and decisions of state authorities, failures in telecommunications and energy networks.

The Company is not responsible for the operation and/or security of the information channels used by the Buyer to access the Site and the System, as well as for the storage of information, including the Ticket received by the Buyer in accordance with these Terms.

All claims or claims related to these Terms must be submitted in writing within 10 (ten) calendar days from the date of their occurrence. After this period, complaints will not be considered by the Company.

We reserve the right to report any activity that the Company believes is illegal or otherwise in violation of these Terms of Use, and We will respond to any verified requests related to a criminal investigation (such as a subpoena, court order, or other legal procedure) from local and foreign law enforcement or regulatory authorities, other government officials or authorized third parties.

The Site contains links to other websites that may not be owned or operated by us. The fact that the Company may link to these websites does not imply endorsement or approval of those websites. The Company has no control over these websites. The Company is not responsible for the content of those websites or the privacy policies of those websites. The Company encourages you to review the terms of use and practices of any website to which the Company links. The Buyer uses other websites at its own risk and is governed by the terms of those websites. The Buyer shall take precautions to ensure that any link the Buyer chooses or software it downloads (from the Site or other sites) is free of viruses, worms, trojans, defects, and other items of that destructive nature.

8. RESOLUTION OF DISPUTES

Disputes arising from the implementation of these Terms of Use shall be resolved in a grievance procedure. The claim is submitted to the Company in writing with an attachment of documents substantiating the claims made, within no more than 10 (ten) calendar days from the moment the dispute arose.

In the event that an agreement cannot be reached, the disputes that have arisen are considered in accordance with the procedure established by the current legislation of the State of Florida, USA. For all other matters not provided for in these Terms of Use, the Parties are governed by the current legislation of the State of Florida, USA.

9. OTHER TERMS

We can not prohibit minors from visiting our Site and must rely on parents and guardians to decide what materials are appropriate for viewing and purchase by children. There are parental control protections (such as computer hardware, restriction software, or filtering services) that can help you limit access to material that is harmful to minors.

You agree to comply with all applicable rules, policies, regulations and conditions of the event organizer, who reserves the right, without refund of any amount paid, to refuse admission or expel any person whose conduct is deemed by the administration to be disorderly, who uses vulgar or offensive language or that does not follow the rules established for users.

You agree that the event for which the Buyer purchases Tickets is public, that your appearance and conduct inside and outside the venue where the event is taking place is public, and that the Buyer has no expectation of privacy regarding your actions or behavior at the events. The Buyer authorizes us, the event organizers, Implementers, our partners, licensees and successors, including but not limited to our brand and media partners, to use your name, image, likeness, actions, poses, games, appearance, movements, and statements in any live or recorded audio, video or photographic display or other broadcast, exhibition, publication or reproduction made at or during the event (whether before, during or after the game or performance) for any -for any purpose, in any way, in any medium or context, now known or later developed, without further permission or compensation to you or anyone acting on your behalf.

You and your belongings may be searched upon entering the event. The Buyer consents to such searches and waives any related claims that may arise. If the Buyer chooses not to consent to such searches, you may be denied entry to the Event without refund or other compensation. In accordance with certain facility policies, certain items may not be brought onto the premises, including but not limited to firearms, alcohol, drugs, cameras, recording devices, laser pointers, strobe lights, etc.

Illegal resale (or attempted illegal resale) of Tickets, including but not limited to counterfeit or duplicate Tickets, is grounds for possible seizure and cancellation without compensation. The Buyer is responsible for compliance with all relevant laws regarding the resale of Tickets. In addition, the Company reserves the right to limit or deny the privilege of purchasing Tickets to anyone who, in our opinion, violates or has violated our Terms. As the Company does not guarantee the authenticity of Tickets purchased from any unauthorized third-party reseller (such as brokers or individuals), the Company recommends that you purchase Tickets directly through us, through authorized partners, or from the venue box office to ensure the authenticity of the Tickets. Tickets may not be used for advertising, promotions, contests or sweepstakes unless the Company has given official written permission.

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services, or any part of the Site or the Services, with or without notice, for any reason. The Company carries out regularly scheduled maintenance of the Site and the System. Although the Company makes every effort to avoid impact on customers, the Site or our Services may be temporarily unavailable during maintenance periods.

The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and does not in any way define, limit, construe or describe the scope or scope of such paragraph.

We will send you notices by email to the email address provided to us by the Buyer during registration. Notice to you will be deemed to have been given 24 hours after the email is sent unless the Company advises that the email address is invalid.

We may translate these Terms into other languages for your convenience. In the event of a conflict between the English version and the translated version, the English version will prevail.

10. SECURITY AND DATA PROTECTION

The Company uses secure server software (SSL), which is one of the best software available today for secure business operations. It encrypts all your personal information for security so that no one else can access it.

All of the Company's systems are protected by a secure firewall infrastructure and well-managed, robust security policies. Access by the Company personnel to customer data is controlled to ensure that only appropriate personnel can view data consistent with their job responsibilities. All actions with customer data are monitored by supervisory staff and recorded in a control log.

More information is in the Privacy notice.