Terms of service

Last updated: Jul 20, 2023

The following are the terms of use "Terms" that govern your use of the Fango site www.fangotickets.com -- the "Site", and your purchase, of any Fango products or services. The Fango Platform offers an online venue that enables users ("Members") to publish, offer, search for, and book services. Members who publish and offer services are "Hosts" and Members who search for, book, or use services are "Guests." Hosts offer tickets to sporting events, ("Tickets"), activities, excursions, and events ("Experiences"), and a variety of travel and other services (collectively, "Host Services," and each Host Service offering, a "Listing").

Our Privacy Policy and any other policies, rules, or guidelines that may be applicable to particular offers or features on the Site are also incorporated into the Terms. By visiting or using the Site, you expressly agree to these Terms, as updated periodically.

The Site is not targeted at children under the age of 18 and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor their children's Internet use. If you use the Site, you affirm you are at least 18 years old.

NOTICE REGARDING FUTURE CHANGES TO TERMS:

We may make changes to the Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The &quote;Last Updated" date above will tell you when the Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

To the extent that these Terms differ from a prior version of the Terms which you previously agreed to, this version of the Terms supersedes and governs.

NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:

The Terms contain an arbitration agreement and class action waiver. Specifically, you and we agree that any dispute or claim relating in any way to the Terms, your use of the Site, or products or services sold, distributed, issued, or serviced by us or through us, will be resolved by binding, individual arbitration, rather than in court. By agreeing to individual arbitration, you and we each waive any right to participate in a class action lawsuit or class-wide arbitration. This agreement and waiver—along with some limited exceptions—is explained below.

1. Account registration

You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Site, such as making a reservation with a host. The only way to register is with a valid phone number that accepts SMS text messages. You will be responsible for continual access to this phone number, as loging in requires 2FA via SMS. We will not be liable for any harm related to disclosure of your phone number or 2FA access code or the use by anyone else of your phone number or access code. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach at help@fangotickets.com. We may refuse registration, cancel an account, or deny access to the Site for any reason.

2. Mobile messaging

Ticket transfers and communication with users on the Site require SMS text messaging. With registration, you authorize us to use automated technology to send messages to the mobile phone number you use for registration. Your consent to receive mobile communications is required to make a reservation on the Site. Message and data rates may apply, according to your rate plan provided by your wireless carrier. We will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. Service may not be compatible with all wireless carriers or devices.

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method, and device details, if available, to support identity verification, fraud avoidance, and other uses in support of transactions for the duration of your business relationship with us. Information may also be shared with other service providers to further support identity verification and fraud prevention.

We are not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or for your deletion of or failure to store any mobile messaging from us. If you do not receive a text message response after making a reservation in a timely manner, please reach out to help@fangotickets.com.

3. User content

Parts of the Fango Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, "Content"). By providing Content, in whatever form and through whatever means, you grant Fango a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish and otherwise exploit, that Content, without limitation.

Guest terms

Our mission is to create a sports world where you can belong anywhere. From college football to major league baseball to the national hockey league, from kid friendly to rowdy bachelor parties, browse through our Listings to find the ones that fit you best. Learn more about a Listing by reviewing the description and photos, the Host profile.

1. Booking a listing

You will pay all charges incurred by you or any users of your account and credit card at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods. When you book a Listing, you are agreeing to pay all charges for your booking including the Ticket price, applicable fees like Stripe's processing fee, offline fees, taxes, and any other items identified during checkout (collectively, "Total Price").

When you receive the booking confirmation, a contract for Host Services (a "Reservation") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout that apply to the Reservation. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Listing. Be aware that some Hosts work with a co-host or as part of a team to provide their Host Services.

The Site partners with Stripe and their Terms & Privacy Policy to facilitate payment. We do not keep any record of any payment information besides what is provided by Stripe for auditing purposes. We have no intention of keeping, selling, or benefitting from any personally identifiable information besides what is explicitly provided to the Site such as name and phone number.

2. Participating in host services

An Experience or other Host Service Reservation entitles you to participate in, attend, or use that Host Service. You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness, or other requirements. You are responsible for informing the Host of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend, or use the Host Service.

3. Refunds & Cancellations

All reservations are final. Fango is not responsible for facilitation of refunds due to a cancellation by the guest for any reason. If the host fails to transfer Tickets, or a game is cancelled, a refund will be issued for the Total Cost paid for the reservation.

4. Your responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Ticket, Experience or other Host Service. You must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Host Service, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.

Once provided with the phone number of your Host, you are responsible for the communication and transfer of Tickets from the Host. All final transfers will be made through Ticketmaster. You are responsible for having an account on Ticketmaster tied to the same phone number you used to register for this Site in order to accept a Ticket transfer. If you have trouble with the Ticket transfer, you are required to reach out to help@fangotickets.com in a reasonable amout of time before the game.

Host terms

As a Host, Fango offers you the right to use the Site to share your Tickets, Experience, or other Host Service with our vibrant community of Guests - and earn money doing it. It's easy to create a Listing and you are in control of how you host - set your price, availability, and rules for each Listing.

1. User content

The Fango Platform provides tools that make it easy for you to set up and manage a Listing. Your Listing must include complete and accurate information about your Host Service, including but not limited to your section, your price, and any rules or requirements that apply to your Guests or Listing. You are responsible for keeping your Listing information (including game availability) and content (like photos) up-to-date and accurate at all times. Any offer of an Experience is solely your responsibility and not ours.

In order to start taking reservations, we require six (6) photos be uploaded onto the platform. We reserve the right to remove any explicit or unrelated unrelated to the Tickets or Host Service. Fango reserves the right to use any uploaded content in future advertising or marketing. We also retain the ability to display the content on the Site in any way that we see to best benefit the Site.

2. Reservations

When you accept a booking request, or receive a booking confirmation through the Fango Platform, you are entering into a contract directly with the Guest. You are responsible for tranferring your Tickets and providing your Host Service under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Stripe's transaction fee (and applicable taxes) for each booking. Any terms, policies or conditions that you include in any supplemental contract with Guests must: (i) be consistent with these Terms, our Additional Legal Terms, Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.

3. Independence

Your relationship with Fango is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Fango. Fango does not direct or control your Host Service, and you agree that you have complete discretion whether and when to provide Host Services, and at what price and on what terms to offer them.

4. Payouts & Taxes

We parter with Stripe. When registering as a host, you are required to set up a valid Stripe Connect account through your User Dashboard. As a host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other indirect taxes, occupancy taxes, tourist, income, or other taxes ("Taxes").

5. Your responsibilities

You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Host Services. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Fango Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Fango Platform.

Once provided with the phone number of your Guest, you are responsible for the communication and transfer of Tickets. All final transfers will be made through Ticketmaster. You are required to upload proof that this transfer was completed through our Sales Dashboard. Failure to upload proof allows the Guest to submit a request for refund if they never received the tickets. If you have trouble with the Ticket transfer, you are required to reach out to help@fangotickets.com in a reasonable amout of time before the game.

General terms

1. United States governing law and venue

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Florida and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement must be brought in state or federal court in St Petersburg, Florida, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in St Petersburg, Florida.

2. Arbitration agreement

You and Fango mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of the Fango Platform, Host Services, or any Content (collectively, "Disputes") will be settled by binding individual arbitration (the "Arbitration Agreement"). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Fango agree that the arbitrator will decide that issue.

3. Jury trial waiver

You and Fango acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

Last update: Jul 20, 2023
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