Last Updated March 27, 2026
Terms of Service
These Terms of Service (including all of our other terms and policies referenced herein, these “Terms”) constitute a legal agreement between Your ID™, Inc. (“Your ID™”, “we”, “us”, or “our”) and you, and it governs your use of, attendance at, access to, and dealings with us, Your ID™’s general website, located at theyourid.com (the “Website”), at any Event (as defined below), and any purchase our Merch (as defined below), including the services and features offered on, at, or through either (collectively, the “Services”). For the purposes of these Terms, the terms “you”, “your”, “yourself” and “Visitor” mean you as the visitor of the Website or an Event. For the avoidance of doubt, these Terms of Service are applicable to the Visitor even if the Visitor is under the age of eighteen (“Supervised Minors”) and such Supervised Minor must have an adult, regardless of parenthood or guardianship, agree to these Terms on their behalf. Throughout these Terms, you and Your ID™ may each be referred to, individually, as a “Party”, or, collectively, as the “Parties”.
BY ACCESSING THE WEBSITE, PURCHASING A TICKET FOR OR ATTENDING AN EVENT, PURCHASE OF ANY MERCH (AS DEFINED BELOW), OTHERWISE TAKING ADVANTAGE OF THE SERVICES, OR OTHERWISE INDICATING YOUR ACCEPTANCE TO THESE TERMS WHENEVER THE OPTION IS PRESENTED TO YOU: (A) YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND THE MOST CURRENT VERSION OF THESE TERMS; (B) YOU ARE ACCEPTING THESE TERMS AND AGREEING THAT YOU ARE LEGALLY BOUND BY THESE TERMS; (C) YOU ARE AGREEING THAT THESE TERMS WILL BE DEEMED TO SATISFY ANY REQUIREMENT UNDER APPLICABLE LAW THAT AN AGREEMENT BETWEEN YOU AND US BE IN WRITING; AND (D) YOU ARE AGREEING THAT YOUR ACTIONS IN VISITING THE SERVICES OR OTHERWISE INDICATING YOUR AGREEMENT TO THESE TERMS WILL BE DEEMED TO BE YOUR VALID AUTHENTICATED SIGNATURE FOR PURPOSES OF ANY APPLICABLE LAW REQUIRING THAT THESE TERMS BETWEEN YOU AND US BE SIGNED BY YOU IN WRITING.
If the Visitor is a Supervised Minor, these Terms must be read, agreed to, and accepted on behalf of the Supervised Minor by a parent, legal guardian, or an adult who has been provided with consent to supervise the Supervised Minor from the Supervised Minor’s parent or legal guardian (a “Responsible Adult”), who agrees to be fully responsible for the Supervised Minor’s compliance with these Terms, including any risks, liabilities, or obligations arising from their use of the Website or uses of or attendance or participation in activities at an Event. For the avoidance of doubt, “Supervised Minors” and “Responsible Adults” shall be considered “Visitors” for purposes of these Terms.
If you are entering into these terms on behalf of a Supervised Minor whom you are not the parent or legal guardian of, you acknowledge, represent, and warrant that you have obtained the authority and consent of each such Supervised Minor’s parent or legal guardian to: (i) accept these Terms on the parent’s or legal guardian’s and the Supervised Minor’s behalf; and (ii) assume full responsibility for each such Supervised Minor’s attendance and participation in activities at an Event. THE RESPONSIBLE ADULT ACCOMPANYING THE SUPERVISED MINOR AGREES TO BE SOLELY RESPONSIBLE FOR ANY CLAIMS, DAMAGES, INJURIES, OR LIABILITIES ARISING FROM SUCH SUPERVISED MINOR’S PARTICIPATION.
IF YOU DO NOT AGREE TO THESE TERMS, OR IF YOU DO NOT HAVE THE REQUISITE AUTHORITY OR CAPACITY TO ENTER INTO THEM, DO NOT CLICK THE “ACCEPT” BUTTON OR CHECK ANY BOX TO ACCEPT THESE TERMS, AND YOU MUST NOT ACCESS, ATTEND, OR TAKE ADVANTAGE OF THE SERVICES. YOU AGREE AND ACKNOWLEDGE THAT ACCESSING, ATTENDING, OR TAKING ADVANTAGE OF ANY PORTION OF THE SERVICES IN ANY MANNER CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS IN THEIR ENTIRETY.
Your access to, admission to, and use of the Services is also subject to our Privacy Policy, the terms of which can be found directly on our Website and are incorporated herein by reference. By accessing or using the Website or attending an Event, you consent to the terms of the Privacy Policy.
ARBITRATION NOTICE FOR VISITORS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND YOUR ID™ AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND YOUR ID™ WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. Changes to these Terms. We may unilaterally amend any part of these Terms at any time by posting amended terms on the Website, and you acknowledge that each time you use the Website or attend an Event, you agree to the current version of these Terms. However, unless you agree to changes to these Terms by using the Website or attending an Event, amendments we make to these Terms will not impose new obligations on you with respect to any actions you took before the change became effective. Any changes become effective as of the “Last Updated” date above.
2. Your ID™ Services.
2.1 Online Services. Your ID™ provides Visitors with access to and use of its Website, which is designed to provide relevant information about Events, ticketing, merchandise, and Your ID™ generally. Visitors may purchase merchandise through the Website, the production and distribution of which will be operated through a fulfillment company. To purchase tickets to Events displayed on the Website, the Visitor will be redirected to a third-party website of the ticketing company (the “Ticketing Partner”).
2.2 Event Services.
(a) Your ID™ may host and offer live entertainment and immersive experiences through interactive installations and technology (each, an “Event”) from time to time. Events may be a collaboration between Your ID™ and various service providers (together with the Ticketing Partner, the “Event Partners”).
(b) Admission to an Event is subject to compliance with these Terms, the Event venue’s terms and conditions, and instructions provided by Your ID™ or on-site staff. You must have a valid ticket, purchased online or at a ticketing kiosk, to be admitted to any Event. Your ID™ reserves the right to refuse admission or remove any Visitor who violates these Terms, fails to comply with safety instructions, engages in behavior that may endanger themselves, other visitors, staff, or equipment, or interferes with the operation of an Event.
(c) By purchasing a ticket to or attending an Event held at a Ceasars Entertainment venue, you acknowledge, accept, and agree to be bound by Ceasars Entertainment’s terms of service and privacy policy, or if an Event is held elsewhere, you acknowledge, accept, and agree to be bound by such other venue host’s terms of service and privacy policy in conjunction with your attendance at the Event.
3. Privacy Policy. Please refer to our Privacy Policy, as updated from time to time, for information about how we collect, use, and share your information. By using and providing information to or through the Website, at an Event, or to an Event Partner, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
4. Use Rights to Event Attendance and Website; Disclaimers.
4.1 Restrictions on Use. Your access to, attendance at, and use of the Services is subject to these Terms and all applicable laws and regulations. By attending a Your ID™ Event or accessing the Website, you represent, warrant, covenant, and agree to not:
(i) misuse, modify, or tamper with any technology provided as part of an Event, including devices, controllers, wearables, displays, or other technological interfaces that Visitors may handle or interact with (the “Experience Technology”) or fail to follow Event staff instructions;
(ii) use the Experience Technology in any manner that injures, damages, or threatens to damage the Experience Technology, other Visitors, staff, or an Event space or interferes with any other party's peaceful enjoyment of an Event;
(iii) remove Experience Technology from designated areas;
(iv) fail to report any malfunction, damage, or safety concern to Event staff;
(v) use inappropriate language or physical violence;
(vi) behave aggressively or unsafely in a way that may threaten yourself, other visitors, or Event staff;
(vii) access (or attempt to access) an Event outside your designated date and/time, according to your valid ticket, or without a valid ticket;
(viii) leave a Supervised Minor unattended at an Event;
(ix) interfere with or attempt to interfere with the proper working of the Website or an Event, disrupt any networks connected to the Website, or bypass any measures we may use to prevent or restrict access to the Website or an Event;
(x) use the Website or an Event for any other illegal or deceptive activities;
(xi) impersonate any person or any other Visitor, or falsely state or otherwise misrepresent your affiliation with a person, organization, or Visitor;
(xii) attempt to gain unauthorized access to the Website or an Event network or related systems or networks or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Website or an Event;
(xiii) modify, remove, or obstruct any proprietary rights statement or notice contained within the Services; or
(xiv) use the Services in a way prohibited by applicable law.
4.2 Website Accuracy and Limitations Disclaimer. While we strive to ensure the accuracy and usefulness of the Website, we do not guarantee the accuracy, completeness, or applicability of any its applications, including remaining capacity for any Event listings.
4.3 Assumption of the Risk. You acknowledge and certify that you have full authority for yourself, and, if applicable, as parent or legal guardian/power of attorney/legal authority to bind yourself, and, if applicable, any Supervised Minors to this Agreement, including the releases contained herein. You further acknowledge that you are voluntarily participating in activities which may involve physical movement, simulated combat, or use of wearable technologies which may affect your senses, which you understand are dangerous and entail both known and unknown inherent risks, including the risk of injury, permanent disability, or even death, deriving from, but not limited to, equipment malfunctions; building malfunctions; lack of supervision and/or trained monitors; lack of other safety measures; slipping; falling; landing; or colliding with moving or fixed objects or other people, as well as the negligence and/or omissions committed by you, and, if applicable, by your Supervised Minors, Your ID™, and/or any other person while on an Event’s premises; (b) voluntarily assume all such risks; and (c) understand and acknowledge that Your ID™ does not manufacture the Experience Technology at any Event, but purchases and/or leases the Experience Technology and therefore Your ID™ may not be held liable for defective products or Experience Technology.
4.4 Release of Liability. Despite all known and unknown risks, including, but not limited to, serious bodily injury, permanent disability, paralysis and loss of life that may be sustained while on or about an Event, you and any of your Supervised Minors hereby expressly, unconditionally and voluntarily remise, release, waive, relinquish, acquit, satisfy and forever discharge and agree and covenant not to sue Your ID™, including its suppliers, designers, developers, installers, manufacturers of any Experience Technology, other material, or equipment at an Event (all hereinafter referred to as “Equipment Suppliers”) and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by Your ID™ and/or any Equipment Suppliers while in or about an Event and/or while participating in or as a result of participating in any of the activities in or about an Event and/or while using any items purchased in or about an Event or through the Website, whether the action arises out of any damage, loss, personal injury, emotional injury, or death. This release of liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of Your ID™ and/or any Equipment Suppliers.
4.5 Supervision & Responsibility Disclaimer. Responsible Adults acknowledge and agree they are fully responsible for the conduct, safety, and compliance of their Supervised Minor while on-site. Event staff are not responsible for supervising Supervised Minors outside of structured, staff-led programming. You are solely responsible for any decisions or actions you or your Supervised Minors take while at an Event. You acknowledge that attendance at an Event does not create any fiduciary relationship between you and Your ID™ or any of its affiliates.
4.6 Participation Disclaimer. If we, in our sole discretion, determine you are not complying with safety or conduct rules or are violating use restrictions, you may be denied entry to an Event or removed from an Event immediately without refund.
4.7 Photo and Video Release. By attending an Event or participating in Event activities, you, on behalf of yourself and any Supervised Minor for which you are a Responsible Adult, hereby grant Your ID™ the irrevocable right and permission to photograph and video record you in connection with your presence at an Event and/or participation in Event activities, and to use the photograph or recording for all purposes, including general security, advertising, and other promotional purposes, including posting such media on the Website or sites or social media platforms related to Your ID™, in any manner and on all media now or hereafter known, in perpetuity throughout the World, without restriction as to alteration. You hereby waive any right to inspect or approve the use of the photograph or recording, and acknowledge and agree that the rights granted by this release are without compensation of any kind. Additionally, Visitors may not use any photos, videos, recordings, or other captured content from an Event for commercial purposes without the prior written consent of Your ID™.
4.8 Third-Party Content. The Your ID™ Website may contain links to third party websites, advertisers, the Ticking Partner’s or other service providers’ websites, services, special offers, or other events or activities not owned by us (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including, without limitation, material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
5. Ownership; Use of Your Data.
5.1 Intellectual Property Rights. You agree that, as between you and us, we (and our licensors, where applicable) own all right, title, and interest, including any and all registered and unregistered rights (whether or not registrable) granted, applied for, or otherwise now or hereafter in existence under or related to any patent or patentable subject matter, copyright or copyrightable subject matter, trademark or trademarkable subject matter, trade secret, database protection, Feedback (as defined below), or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world (the “Intellectual Property Rights”) that are created, generated, acquired, or used in connection with the Website or an Event, including, but not limited to, all content in or on the Website, all proprietary technology owned or used by us, or made available to you by us, and all modifications, enhancements and improvements to any of the foregoing. We hereby reserve all rights worldwide not specifically granted to you in these Terms, and you agree that you will not make any use of any of the foregoing in any manner or for any purpose whatsoever except as expressly permitted by the terms and conditions of these Terms. The “Your ID™” name and logo, the other product and service names, trademarks, service marks and logos associated with us, the Website, or an Event are trademarks or service marks of ours or of third parties, and no right or license is granted to you to use them for any purpose whatsoever. This Section 5(a) does not limit any rights or remedies we may have under any applicable laws, rules, or regulations.
5.2 Intellectual Property Ownership. You acknowledge and agree that any of our names, trademarks, service marks, logos, trade dress, or other branding included on our Website, for an Event, on Merch (as defined below), or as part of the services provided by or through the Website or an Event are owned by us, unless otherwise noted, and may not be copied, imitated, or used (in whole or in part) without our prior written consent. All designs, logos, graphics, and other content appearing on Merch are owned by or licensed to Your ID™ and are protected by applicable intellectual property laws. Purchasers of Merch may not reproduce, distribute, modify, or commercially exploit any such designs or materials without Your ID™’s prior written consent.
5.3 Ownership. You may voluntarily send, provide, or communicate to us any questions, inquiries, comments, suggestions, ideas, or other information or materials regarding our us and an Event (collectively, the “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish or improve the Feedback in our sole discretion. You understand that we may treat Feedback as non-confidential.
5.4 No Sensitive Data. You shall not integrate, upload, transmit, store, disclose, or make available through the Services any Sensitive Data (as defined below) regarding any person, and Your ID™ will have no liability whatsoever for such Sensitive Data transmitted through the Services. For the purposes of these Terms, “Sensitive Data” means any Personal Data that requires a heightened degree of protection by applicable law. Sensitive Data includes, but is not limited to, social security numbers or other government-issued identification numbers, financial account numbers, credit card or debit card numbers, CVVs, credit report information or other personal financial information, health or medical information, or other information that is subject to international, federal, state, or local laws or ordinances now or hereafter enacted requiring heightened standards for data protection or privacy. For the purposes of these Terms, “Personal Data” means all information relating to a person that identifies such person or could reasonably be used to identify such person. This includes any information that is deemed “personal information” or “personal data” as defined by applicable data protection laws.
5.4 Ticketing Partner Data. You acknowledge that the Ticketing Partner may share with Your ID™ certain information collected in connection with the purchase of a ticket for an Event, including personal data, as defined in applicable state privacy laws (“Visitor Data”). Visitor Data may include, without limitation, the Visitor’s name, email address, mailing address, and other contact or transaction-related information provided during the ticket purchase process. Visitor Data may be provided to Your ID™ for purposes including, but not limited to, event administration, ticket verification, customer support, communications relating to an Event, and other operational purposes. The collection, use, and disclosure of Visitor Data by the Ticketing Partner remain subject to the Ticketing Partner’s applicable terms of service and privacy policy. Your ID™’s use of Visitor Data is subject to the Privacy Policy.
6. Event Ticketing; Merchandise Sales.
6.1 Ticketing Partner. Your ID™ is not a ticketing agent, broker, or reseller, and does not sell, process, or administer tickets directly. All tickets for Events are sold, issued, and administered by a Ticketing Partner, including Vivaticket, ticketmaster, or other third party. Tickets for an Event are issued and distributed through the Ticketing Partner. Your ID™ does not act as an agent of the Ticketing Partner for purposes of ticket sales, payment processing, ticket distribution, or customer account management. The Visitor acknowledges that the Ticketing Partner operates independently of Your ID™ and may impose its own terms of service, conditions of sale, privacy policies, fees, and other requirements applicable to the purchase, issuance, or management of Event tickets. Nothing in these Terms shall be construed to create any partnership, joint venture, agency, or employment relationship between Your ID™ and the Ticketing Partner.
6.2 Ticket Purchasing. When you purchase a ticket, you are transacting directly with the Ticketing Partner through its platform. Your purchase, payment processing, ticket delivery, and related services are governed by the applicable terms of service and privacy policy of Vivaticket, the applicable terms of service and privacy policy of ticketmaster, or of such other Ticketing Partner used by Your ID™ from time to time. Your ID™ is not responsible or liable for the operation of the Ticketing Partner’s platform or for matters related to ticket purchasing, payment processing, or ticket administration. Your ID™ is not responsible or liable for the acts, omissions, systems, or services of the Ticketing Partner, including, but not limited to, payment processing, ticket delivery, ticket transfers, platform availability, or errors in ticket issuance.
6.3 Ticket Management. Your ID™ is not responsible for the operation of the Ticketing Partner’s platform, including, but not limited to, payment processing, account management, ticket delivery, platform availability, or technical errors related to the purchase or transfer of tickets. Any issues arising from the purchase or delivery of tickets through the Ticketing Partner’s platform must be addressed in accordance with the Ticketing Partner’s policies.
6.4 Ticket Validity. Your ID™ reserves the right to deny admission to any Visitor presenting a ticket that Your ID™ reasonably believes to be invalid, altered, duplicated, fraudulently obtained, or otherwise not issued through an authorized sales channel.
6.5 Merch Sales and Availability. Your ID™ may offer for sale certain merchandise, products, or branded goods (“Merch”) through the Website and/or at Events. All purchases of Merch are subject to these Terms and any additional policies made available at the time of purchase. All prices for Merch are listed in U.S. dollars unless otherwise stated. Your ID™ reserves the right to modify, discontinue, or limit the availability of any Merch at any time. Merch availability is not guaranteed. Your ID™ may limit quantities of any Merch purchased per order, per person, or per Event.
6.6 Merch Descriptions. Your ID™ attempts to ensure that descriptions, images, and details of Merch are accurate; however, Your ID™ does not warrant that product descriptions, colors, images, or other content are accurate, complete, reliable, or error-free. Actual product appearance may vary.
6.7 Fulfillment Partner. Your ID™ may use one or more third-party fulfillment partners to produce, process, package, and deliver Merch purchased through the Website (each, a “Fulfillment Partner”). By purchasing Merch, you acknowledge and agree that certain aspects of your order, including production, storage, packaging, and shipping, may be handled by such Fulfillment Partners on Your ID™’s behalf. In order to fulfill your order, Your ID™ may provide the Fulfillment Partner with certain information necessary to process and deliver the order, including your name, shipping address, and order details. Fulfillment Partners process such information solely for the purpose of completing the order and delivering the purchased Merch.
6.8 Merch Payment. When purchasing Merch through the Website, you agree to provide accurate, complete, and current payment and billing information. Your ID™ reserves the right to refuse or cancel any order at its sole discretion, including in cases of suspected fraud, unauthorized transactions, or pricing or inventory errors. Payment for Merch purchased at Events must be made using the payment methods accepted at the point of sale. Payments for Merch purchased through the Website are processed by a third party service provider selected by us, from time to time, and such payment services are governed by such third party service provider’s terms of service and privacy policy. Your payment information is never stored by Your ID™ or Your ID™ servers.
6.9 Shipping and Delivery. If Merch is purchased through the Website for delivery, shipping times are estimates only and are not guaranteed. Your ID™ is not responsible for delays caused by carriers, customs processing, Fulfillment Partners, or other circumstances beyond Your ID™’s control. Risk of loss and title for purchased Merch pass to the purchaser upon delivery to the shipping carrier.
6.10 Changes of Pricing. We expressly reserve the exclusive right to make changes to the prices of any of our Events or Merch, and to any of our pricing structures generally, at any time, in our sole discretion, and without notice. Notwithstanding the foregoing, however, no changes to the pricing of Event tickets already purchased will be imposed.
6.11 No Cancellation or Refunds. No refunds of Event ticket purchases or Merch will be provided for any reason, unless specifically authorized by Your ID™ on a case-by-case basis in its sole discretion. ALL AMOUNTS PAID BY YOU FOR EVENT TICKET AND MERCH PURCHASES ARE FINAL AND NON-REFUNDABLE. Ticket purchases for any Event are subject to the Your ID™ Event Cancellation & Use Policy, which is expressly incorporated herein by reference.
7. Accessibility; Assistance.
(a) Your ID™ does not represent or warrant that an Event, an Event venue, or any part of the immersive experience or Experience Technology will be accessible to all individuals or compliant with the Americans with Disabilities Act (ADA) or other accessibility laws or standards. Due to the nature of the immersive and technology-based elements of Events, certain installations, environments, or equipment may not be accessible to or suitable for individuals with mobility, sensory, or other disabilities or sensitivities.
(b) Visitors acknowledge that accessibility may be limited and that participation in certain portions of an Event may not be possible for all individuals. Visitors who have questions regarding accessibility are encouraged to contact Your ID™ in advance of purchasing tickets or attending an Event to obtain additional information.
(c) From time to time, we may offer additional assistance and/or services to you in connection with your attendance at an Event. You may request support/assistance via the Website, if such is available, in person at an Event, or by email to [Insert Support Email Address].
8. Monitoring. We reserve the right to monitor the use by you of the Website and your attendance at an Event. We reserve the right to take, or refrain from taking, any and all steps available to us, including suspending or terminating your access to an Event or seeking other legal or equitable remedies, once we become aware of any violation of these Terms.
9. Termination; Effect of Termination; Suspension. These Terms become effective on the date on which you access or use the Website, purchase tickets to an Event, attend an Event, or otherwise indicate your agreement to these Terms (whichever is earlier) and shall continue in full force and effect until terminated as set forth below.
9.1 Termination or Suspension by Us. Notwithstanding anything in these Terms to the contrary, we reserve the right to suspend our performance hereunder and/or suspend or limit your access to or use of the Website or an Event, or to terminate these Terms, immediately and without any liability to you in the event of (i) a breach of these Terms by you or (ii) any act or omission by you that (a) constitutes a violation of these Terms or (b) in our reasonable discretion, poses a risk of disruption or interference with any portion of the Website or Event operations (or the security thereof) or with any other Visitor’s use of the Website or peaceful enjoyment of an Event (or any portion thereof), or (c) constitutes (in our reasonable discretion) an unreasonable, excessive, or abusive use of the Website, our systems, or resources or behavior at an Event. Neither termination of these Terms nor suspension of your use of the Website or attendance at an Event relieves you of your obligation to pay amounts due to us.
9.2 Effect of Termination. Termination of these Terms for any reason also terminates all of your rights to attend an Event, and in some cases, any future Event.
9.3 SURVIVAL. ANY PROVISIONS OF THESE TERMS THAT ARE SPECIFICALLY STATED TO SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON (OR THAT, BY THEIR NATURE ARE INTENDED TO SURVIVE TERMINATION) WILL SURVIVE IN FULL FORCE AND EFFECT, AS WILL ANY PROVISIONS OF THESE TERMS THAT SERVE TO LIMIT OUR LIABILITY OR PROTECT OUR RIGHTS IN OUR INTELLECTUAL PROPERTY OR OTHER PROPERTY.
10. Indemnity. You will defend, indemnify, and hold harmless us, our licensors, affiliates, subsidiaries, successors, assigns, and our and their equityholders, directors, managers, officers, employees, and agents (each individually an “Indemnitee” and collectively “Indemnitees”), to the fullest extent permissible under applicable law, against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by any indemnitee arising from or in connection with any of the following (except to the extent caused by our own negligence or willful misconduct):
(a) your use of the Website or your use of or participation in activities at or through an Event or your breach, violation, or non-compliance with of any provision of these Terms;
(b) your dealings with the Ticketing Partner; and
(b) any negligent, willful, purposeful, fraudulent, or unlawful acts or omissions by you.
All Indemnitees are expressly made third party beneficiaries of this Section 10. This Section 10 will survive the termination of these Terms for any reason.
11. Disclaimer of Warranties. Your use of the Website and use of or participation in activities at an Event is at your own risk. The Website and Events, including all Experience Technology, services, and facilities at an Event, are provided on an “as is” and “as available” basis. Your ID™ makes no warranties or representations, express or implied, regarding the safety, suitability, or fitness of any Experience Technology or facilities or activities at Events. You acknowledge that it is your responsibility to determine whether any Experience Technology is appropriate for your use, and you assume all risk associated with its use. To the fullest extent permitted by law, we hereby disclaim all representations and warranties of any kind not specifically stated in these Terms, including with respect to the Website and any Event, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the foregoing, we make no representations or warranties as to the completeness, security, reliability, quality, accuracy or availability of the Website or the security, quality, or availability of Event facilities or Experience Technology, or that any or all Website services (including, without limitation, any information, booking availability, etc., as applicable) obtained through the Website will be accurate, complete, up-to-date, secure, error-free, uninterrupted, or otherwise meet your needs or expectations. This Section 11 will survive termination of these Terms for any reason. If you access or use the Website from outside the United States of America, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.
12. Disclaimer of Damages. IN NO EVENT WILL YOUR ID™, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR USE OF OR PARTICIPATION IN ACTIVITIES AT OR THROUGH YOUR ID™ GYM, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES PROVIDED THROUGH THE WEBSITE OR IN RELATION TO AN EVENT, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION 12 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
13. Limitation of Liability. IN NO EVENT WILL YOUR ID™’S LIABILITY, OUR AFFILIATES, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY VISITOR’S, INCLUDING ANY SUPERVISED MINOR’S, USE OF OR PARTICIPATION IN ACTIVITIES AT OR THROUGH AN EVENT, ANY PERFORMANCE OR NON-PERFORMANCE OF SERVICES PROVIDED BY OR THROUGH THE WEBSITE OR AN EVENT, ANY INJURIES SUFFERED WHILE AT AN EVENT OR PARTICIPATING IN EVENT ACTIVITIES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS) EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE INDIVIDUAL TICKET TO AN EVENT RELATED TO THE OCCURRENCE GIVING RISE TO THE CLAIM FOR LIABILITY. THIS SECTION 13 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
14. Property Limitation of Liability. You agree that Your ID™ is not liable or responsible for any personal property that is damaged, lost, or stolen while at or about an Event including, but not limited to, a vehicle or its contents or any property in a locker or otherwise.
15. Arbitration; Class-Action Waiver.
15.1 Arbitration Agreement. Except as expressly provided below, you and Your ID™ agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website or use of or participation in activities at an Event, that cannot be resolved in small claims court, will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Fulton County, Georgia before a single arbitrator, and judgment on the award may be entered in any court having jurisdiction.
15.2 Fees and Costs. The allocation of arbitration fees and costs shall be governed by the Commercial Arbitration Rules. Each Party shall bear its own attorneys’ fees, unless the arbitrator determines otherwise in accordance with applicable law or the AAA rules.
15.3 Opt-Out Right. You may opt out of this arbitration agreement by sending written notice to [Insert email address] within 30 days of your first acceptance of these Terms. Your notice must include your full name, mailing address, and a clear statement that you wish to opt out of arbitration.
15.4 Exceptions. Notwithstanding the foregoing, either party may bring an individual action in small claims court or seek injunctive or equitable relief in a court of competent jurisdiction for claims related to intellectual property or unauthorized use of the Services.
15.5 No Class Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE VISITOR CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER VISITOR. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 17.1.
15.6 Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with US.
16. Notices. We may deliver any notice required or permitted hereunder (i) as a general notice via the Website or in a clearly marked area at an Event or (ii) via electronic mail to your contact information on record with us, which notice will be deemed received by you when posted or transmitted by us. Where we permit notices to be given to us via a feature or functionality of the Website or at an Event, you may give such notice through such feature or functionality and it will be deemed effective upon actual receipt by us, but only to the extent the notice is of a type for which the feature or functionality is intended to convey. Otherwise, all notices to us under these Terms (including notices of claims or disputes or to initiate arbitration) must be delivered in writing in hard-copy (paper) to us by (i) personal delivery by hand, (ii) registered mail, (iii) certified mail, return receipt requested, or (iv) reputable national or international mail courier with proof of delivery. Our current address is:
Your ID™, Inc.
Attn: Terms Notices
[Insert Address]
[Insert Address]
We may change this notice address by updating these Terms or by listing a new address on the Website. You are responsible for making sure that you are sending notices to our most current address. Notices given to our address will be deemed effective upon the first normal business day (non-weekend/non-holiday) following actual receipt by us at such address. THIS SECTION 16 WILL SURVIVE TERMINATION OF THESE TERMS FOR ANY REASON.
17. Miscellaneous
. This Section 17 and its subsections will survive termination of these Terms for any reason.
17.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or any services provided by or through the Website or an Event, will be governed by and construed and enforced in accordance with the laws of State of Delaware, without regard to conflict of law rules or principles (whether of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. For all other proceedings, the federal and state courts located in Fulton County, Georgia will have exclusive jurisdiction. You waive any objection to venue in any such courts.
17.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.
17.3 Waiver; Amendment; Assignment. No waiver of any right or remedy by us will be valid unless in writing, and waiver of a right or remedy on one occasion by us will not be deemed a waiver of such right or remedy on any other occasion. Except as otherwise provided in these Terms, these Terms may not be amended or modified except by a writing signed by you and us. You may not assign these Terms or any of your rights or obligations and any attempt to do so will be void. We may freely assign these Terms or any of our rights or obligations (in whole or in part, including without limitation in connection with the sale, assignment, or other divestiture of some or all of our assets or business that relate to all or any portion of the Website or an Event), and you waive notice of such assignment.
17.4 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of our obligations hereunder (including the temporary unavailability or inaccessibility of the Website or an Event) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riot, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of building, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strike, industrial action or lockout; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
17.5 Headings; Language. Section titles and headings in these Terms are provided for convenience only and do not affect or limit the meaning or interpretation of the Terms. The official language of these Terms is English. In the event these Terms are translated, the English version will control, and translations into languages other than English will not be construed as official or original versions of these Terms. All contract interpretations, notices, and dispute resolutions will be in English.
17.6 Entire Agreement. These Terms sets forth the entire agreement and understanding between you and us pertaining to its subject matter, superseding all prior or contemporaneous discussions, agreements, promises or understandings between you and us pertaining to such subject matter.
[End of Terms of Service]