Terms of service
Last Updated: January 12th, 2024
Welcome to kookooli – ticketing platform ("kookooli" or the "Platform"), which creates a secure and transparent environment for event goers and event promoters.
These Terms of Service (the "Terms of Service" / "TOS" / "Agreement") govern the use of the Platform and the website https://kookooli.com (the "Website") and all services and products provided or otherwise made accessible through either of them (collectively the "Services").
By using the Website and the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://kookooli.com. If you do not want to agree to these Terms of Use and/or the Privacy Policy, you must not access or use the Website or the Platform.
The Website and the Platform are offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
I. The Platform
kookooli is a ticketing platform and marketplace, which aims to revolutionize the ticketing industry and provide long-term solutions against fraud, scalping, and an out-of-control secondary market. It allows event organizers to showcase their tickets to the users (ticket buyers).
Our Tickets can be purchased and traded on the Platform where each ticket is unique. Event Organizers can provide attendees with an exclusive asset which they can keep after the event, such as personalized content in the form of an image saved in a PDF document.
II. Definitions
"Content" means any material, existing or having existed on or as part of our Platform, our Website or delivered through any of our Services in any fashion and from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website, any part of our Platform or Services or existing as data, designs, text, images, graphics, video recording, or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of the same, or which Users have provided, posted or uploaded to any of them.
"Event Organizer" or "Promoter" An event organizer, often referred to as an event planner, coordinator is an individual or entity responsible for planning, managing, and overseeing various aspects of an event, ensuring its successful execution. This includes tasks such as selecting venues, arranging logistics, coordinating schedules, handling vendors, and managing overall event logistics to create a memorable and seamless experience for attendees.
“Ticket”, refers to a digital asset describet as a unique QR code generated for a specific event.
"Services" means all programs, resources, tools, and usable Content provided by us as part of our Platform or otherwise available through our Website.
"User" shall include any person or party using any of the Services or accessing any of the Content.
III. User Accounts
3.1.AccountsIn order to access and use the Platform, you may be asked to create an account with us and to provide certain registration details or other information. In such case, it shall be a condition for the use of our Platform and Services that all the information provided by you upon creation of your account must be correct, current and complete. All personal information provided by the Users shall be governed by our Privacy Policy.
3.2. Security of PasswordIn all cases of creating and maintaining an account or otherwise accessing the Services, Users must treat their username, password and other personal account information confidential, and must not disclose them to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of their username or password or any other breach of security and to defend, indemnify and forever hold harmless Company in any event that such breach is the result of that User’s breach of these TOS.
3.3. Account Termination.We reserve the right to terminate/suspend any User account and/or User access to any of the Services or any part of the Platform, if we consider that doing so is necessary, for any reason or no reason, including without limitation, including the violation of these Terms of Service or any other agreement between the Company and a User, or the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity. You agree to release us now and forever from any and all liability incurred by you as a result of our termination/suspension of your account and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account or that of any other.
IV. Right to Amend
4.1. Right to Amend the Platform and Services. We reserve the right to amend the Platform and the Services, and any feature, functionality or material that we provide through the Website and/or the Services, at our sole discretion. We will not be liable if for any reason our Website or Services are unavailable in whole or in part at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or Services, or all of them.
4.2. Right to Disable Password.We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Service.
V. Intellectual Property Rights.
5.1. Intellectual Property Rights Ownership. The Website, the Platform and their entire Contents, features and functionality (including but not limited to all information, materials, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
5.2. License to Use. Subject to the above-described subscription license(s), these Terms of Service permit Users to use the Website and the Platform, including all materials available on them, for personal, non-commercial use only. Except for their personal use consistent with these Terms of Services, Users are not otherwise permitted to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials provided through our Platform and/or available on the Website. For personal uses consistent with these TOS, these permissions, subject to the above-described revocable license, are granted. Additionally, Users shall not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials provided or distributed by the Company.
VI. Trademarks
The name kookooli is a trademark of the Company and all related names, logos, product and service names, designs and slogans are owned by the Company. You must not use such marks without our prior written consent. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
VII. Prohibited Uses
You may use our Services, the Platform and the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use any of them:
(a) in any way that violates any applicable federal, state, local or international law or regulation;
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
(c) to stalk, abuse, use profanity, send sexually explicit communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, or otherwise harass any User or other individual;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content standards set out in these Terms of Service;
(e) to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
(f) to impersonate or attempt to impersonate the Company, another User or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing);
(g) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform or Website or which may harm the Company or our Users or expose them to liability;
(h) to solicit other Users into engaging into an illegal and unlawful activities and not to conspire with other Users into soliciting or committing such activities;
(i) in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website and the Platform;
(j) by use of any robot, spider or other automatic device, process or means granting access to the Website and the Platform;
(k) by use any manual process to monitor or copy any of the material on the Website, the Platform or Services or for any other unauthorized purpose without our prior written consent;
(l) by way of any device, software or routine that interferes with the proper working of the Platform, Services and the Website;
(m) to introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(n) to attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or any server, computer or database connected to the Website or the Platform;
(o) to attack the Website or the Platform via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website or the Platform;
(p) to modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or the Platform and other proprietary information provided along with the same, or cause others to do so.
VIII. User Contributions
8.1. User Contributions Defined. The Website or the Platform may contain, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display or transmit to other Users or to the Company Content or materials (collectively, "User Contributions") on or through the Website or the Platform. User Contributions shall also include such Content as is generated by Users in the course of utilizing the Services (e.g. User-created Content). All User Contributions must comply with the Content Standards and not be violative of any Prohibited Uses as set out in these Terms of Service.
8.2. License to User Contribution and Ownership of Original User Content. Any User Contribution you post to the Website or the Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, unlimited, transferable, sub-licensable worldwide right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose or otherwise according to your account settings if and as applicable. The foregoing notwithstanding, User-generated Content which is submitted to or through our Website and the Platform shall remain the property of the submitting User or such other party who holds ownership rights over it. Similarly, those portions of any Content which is created by a User through the utilization of our Services and Content and which constitutes original material, shall also be the property of said creating User. However, in no case shall any User-created Content result in any loss of ownership of our own Content and in all cases where User-created Content comprises a combination of User Content and our Content, each of us shall retain ownership of those parts of the Content as a whole, which belonged to us prior to such creation and any combined work thereof, shall be subject to the license terms as stated in this, Section 8.2 and as otherwise provided in these TOS.
8.3. User Representation and Warranties. You represent and warrant that: (a) You own or control all rights in and to the User Contributions or User-created Content otherwise and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
(b) All of your User Contributions and User-created Content do and will comply with these Terms of Service. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and any User-created Content which you create, and you, not the Company have full responsibility for such Content, including its legality, reliability, accuracy and appropriateness.
(c) That you will not provide your account details and log-in information to third parties and that you will not log into the Website or access the Platform or any of the Services through another User's account.
8.4. Not Liable for User Contributions. We are not responsible, or liable to any third party, for the Content or accuracy of any User Contributions submitted or posted by Users and should you provide, upload, create or make available any Content which violates any provision of these TOS, you shall be wholly responsible for doing so and shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result of such violation by you or any other party accessing your Content or account, whether or not on your behalf.
IX. Monitoring and Enforcement; Termination
9.1. Enforcement. We have the right to:
(a) remove any User Contributions for any reason in our sole discretion;
(b) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right, right of publicity or other right of any person or entity, threatens the personal safety of Users of the Website, the Platform or Services, or the public or could create liability for the Company;
(b) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(c) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform and the Website;
(d) terminate or suspend your access to all or part of the Website, Platform or Services and any associated Subscription for any or no reason, including without limitation, any violation of these Terms of Service;
(e) without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, the Platform or the Services.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
9.2. No Liability and General Liability Limitation. We do not undertake to review the material before it is posted on the Website or the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. Furthermore, with respect to any and all claims arising by virtue of our relationship with you, arising out of or in relation to your access or use of this Website, the Platform and any of our Services otherwise, our liability, in any and all cases, shall be limited in the aggregate and shall never exceed the total amount of fees paid by you during or for the twelve-month period immediately following (or in the case of an initial subscription—encompassing) the time at which any such claim(s) accrued.
X. Content Standards
10.1. Content Standards. The Content standards specified herein apply to any and all User Contributions. They must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
(a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
(b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
(d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
(e) be likely to deceive any person;
(f) promote any illegal activity, or advocate, promote or assist any unlawful act;
(g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
(h) impersonate any person, or misrepresent your identity or affiliation with any person or organization;
(i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising;
(j) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
10.1. Content not meeting the standards. Any Content not meeting the above standards will be promptly removed.
XI. Linking to the Website.
11.1. Linking to Website. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
11.2. Unauthorized Framing or Linking. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
11.3. Linking from the Website. We do not take responsibility and do not endorse any third-party websites, services and Content available on or linked to by the Website.
XII. Fees, Payments and Billing.
12.1. Fees. All purchases made through the platform are subject to a flat fee disclosed at check out of the purchase, but not always. This is a decision made by the Event Organizer, but if the fee is charged to the user, it will be visible on the card. Upon purchase you must provide us with a current, valid, accepted method of payment, which currently is "PayPal" (the "Payment Method"). By submitting a Payment Method, you automatically authorize us to charge all fees incurred for the purchase transaction to any such Payment Method.
12.2. Payment processing. Payment processing services for purchases made via the Platform are currently provided by third party payment processors, such as Stripe, POK and others. By providing your Payment Method you agree to be bound by the applicable terms of services of the third party-payment processing service. We will not be liable for the acts or omissions of any such third parties, nor will we be liable for any damage that you may suffer as a result of your transactions or any other interaction with any such third parties.
12.3. Cancellations and Refunds. If an Event Organizer has to cancel or reschedule an event for which tickets have been purchased through the Platform, kookooli shall notify the Users, who have purchased tickets for the event about the cancellation and shall inform them of the option to claim the refund of their purchase within 15 days. Payment fees will be deducted from the original amount.
XIII. Ticket Marketplace
13.1. We are a ticket marketplace that allows registered users to buy (in this capacity, "Buyer") and sell (in this capacity, "Seller") Tickets. The Seller, being a third party person or an event organizer (and not us) sets the prices for the Tickets. As a marketplace, we do not own the Tickets sold on the Site. Ticket prices may exceed the face value of the Ticket in case they are not sold by the event organizer.
13.2. You can spot resale tickets by the fact that no promoter is specified in the event page in our site. While we may provide pricing, shipping, listing and other guidance on the Site, such guidance is solely informational (without any warranty as to accuracy) for these kind of tickets. Also, while we may help facilitate the resolution of disputes between Buyer and Seller and provide the Guarantee, we have no control over and do not guarantee the existence, quality, safety or legality of the Tickets; the truth or accuracy of the user`s content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
13.3. For exclusive ticket sales, the event organizer is held responsible for the existence, quality, safety or legality of the Tickets. You can spot exclusive tickets sales by the fact that the promoter is specified in the event page in our site with it's legal company name.
XIV. Selling Tickets
14.1. You must comply with all applicable laws and regulations and the terms of this User Agreement when listing, selling and delivering your Tickets.
14.2. When listing a Ticket you must set a price for which you are willing to sell your Ticket ("Sales Price"). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.
14.3. By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket for Sales Price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in this T&C.
14.4. We do not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. We will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
XV. Copyright Infringement.
15.1.Reporting Claims to Copyright Infringements. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website and the Platform infringe your copyright, you may request removal of those materials (or access thereto) from the Website and the Platform by submitting written notification to our Copyright Agent (designated below), which must include substantially the following:
(a) Your physical or electronic signature.
(b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website and the Platform, a representative list of such works.
(c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(d) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(e) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
(f) A statement that the information in the written notice is accurate.
(g) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive such written notifications is:
Arber Demeti
[email protected]
Please be aware that if you knowingly materially misrepresent that material or activity on the Website and the Platform is infringing your copyright, you may be held liable for damages.
15.2. Counter-Notification Procedures. If you believe that material you posted on the Website and the Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us ("Counter-Notice") by submitting written notification to our copyright agent (identified below). The Counter-Notice must include substantially the following:
(a) Your physical or electronic signature.
(b) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(c) Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
(d) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(e) A statement that you will consent to the jurisdiction of any judicial district in which the Website and the Platform may be found and that you will accept service from the person (or an agent of that person) who provided the Website and the Platform with the complaint at issue.
Completed Counter-Notices should be sent to:
Arber Demeti
[email protected]
Please be aware that if you knowingly materially misrepresent that material or activity on the Website and the Platform was removed or disabled by mistake or misidentification, you may be held liable for damages.
Our designated Copyright Agent to receive such written notifications is:
Arber Demeti
[email protected]