Terms & Conditions

1. Who we are

FEARTICKET ("FEARTICKET", "we", "us", "our") provides ticketing and box-office software for haunted attractions and live events, through the website at www.fearticket.com, the organizer web application, and the FEARTICKET Organizer App for iOS and Android (together, the "Services").

These Terms form a binding agreement between you and FEARTICKET. Additional terms may apply to specific features; where they conflict with these Terms, the additional terms govern for that feature.

2. Definitions

• Organizer - a person or business that uses the Services to create events and sell tickets.
• Ticket Buyer - a person who purchases a ticket or other item through an Organizer's event page or box office.
• Event - the attraction, experience or occasion an Organizer sells tickets to.
• Organizer Content - event details, artwork, copy, policies and any other material an Organizer uploads or publishes through the Services.
• Attendee Data - personal information about Ticket Buyers that an Organizer collects through the Services.

3. Eligibility & accounts

You must be at least 18 years old and legally able to enter into contracts to register an Organizer account. You agree to provide accurate registration information and to keep it current.

You are responsible for all activity under your account and for keeping your credentials secure. Enable multi-factor authentication where offered. Tell us immediately at info@fearticket.com if you suspect unauthorized access. We are not liable for losses arising from your failure to safeguard your credentials.

You are responsible for the acts and omissions of any staff or contractor you grant access to your account.

4. Your licence to use FEARTICKET

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for your own business or personal purposes. We reserve all rights not expressly granted.

You may not reproduce, duplicate, copy, sell, resell, lease, sublicense, reverse engineer, scrape, or otherwise exploit any part of the Services, except as expressly permitted. You may not use the Services to build a competing product, or benchmark them for publication, without our prior written consent.

5. Organizer responsibilities

You are the seller. FEARTICKET provides the software that sells your tickets; the contract for the Event is between you and your Ticket Buyers. You - not FEARTICKET - are responsible for delivering the Event as advertised.

As an Organizer you agree to:

• Publish accurate event details, pricing, age restrictions, accessibility information and safety warnings;
• Set and clearly display your own refund, transfer and reschedule policy before purchase;
• Honour every valid ticket sold, and handle Ticket Buyer enquiries about your Event;
• Comply with all laws applicable to your Event, including consumer protection, ticketing, licensing, health and safety, accessibility, and tax obligations;
• Collect and remit any sales, entertainment, or other taxes due on your ticket sales - we do not do this for you unless expressly agreed in writing;
• Hold appropriate insurance for your Event.

6. Fees, processing & payouts

Our current published fees are a flat per-ticket fee plus payment processing, as set out on our Pricing page. Free tickets carry no FEARTICKET fee. Fees for a given transaction are those in effect when the transaction occurs.

You may choose to absorb our fees, pass them to the Ticket Buyer at cost, or set your own service fee on top of your ticket price. Any service fee you set is your revenue and your responsibility to disclose lawfully to buyers.

Payment processing may be provided through our integrated gateway or through a third-party gateway you connect, such as Stripe, Square, Authorize.Net or CardConnect. Where you use a third-party gateway, that provider's terms and pricing apply to you directly, in addition to these Terms.

Payout timing depends on the gateway used and may be subject to verification, risk review, or reserves. We may withhold or delay a payout where we reasonably suspect fraud, a material dispute, insolvency, or a breach of these Terms, or where required by law.

We may change our fees on 30 days' notice. Continued use after the change takes effect constitutes acceptance. Negotiated volume rates, where agreed in writing, prevail over published rates for their term.

7. Refunds & chargebacks

Refund policies are set by the Organizer, not by FEARTICKET. We do not decide whether a Ticket Buyer is entitled to a refund, and we do not issue refunds on an Organizer's behalf unless required by law, by a card network rule, or by written agreement.

Where a refund is issued, our per-ticket fee may be retained; payment processing costs already incurred are generally not recoverable. Chargebacks, reversals and associated fees are the Organizer's responsibility, and we may recover them from your balance, from future payouts, or directly from you.

If an Event is cancelled, materially changed, or not delivered, the Organizer is responsible for refunding affected Ticket Buyers. If an Organizer fails to do so, we may - but are not obliged to - refund buyers from funds we hold and recover those amounts from the Organizer.

8. Ticket buyers

If you buy a ticket through FEARTICKET, your purchase contract is with the Organizer of that Event. Refunds, date changes, upgrades, entry requirements and Event conduct are governed by that Organizer's policies.

Tickets are personal to you and may not be resold above face value, or resold at all, where the Organizer or applicable law prohibits it. We may void tickets obtained fraudulently, purchased with automated tools, or resold in breach of these Terms.

You can look up your order and find your Organizer's contact details from our ticket buyer help section.

9. Acceptable use

You may not use the Services to publish, sell, or facilitate anything that:

• Is unlawful, fraudulent, deceptive, or infringes anyone's rights;
• Harasses, threatens, defames, or advocates harm against any person or group;
• Promotes hatred or discrimination on the basis of race, ethnicity, religion, disability, sex, gender identity, or sexual orientation;
• Is pornographic, sexually explicit, or exploits or endangers minors in any way;
• Distributes malware, spam, chain messages, or unsolicited bulk communications;
• Infringes copyright, trademark, or other intellectual property;
• Provides instruction in illegal activity, or sells prohibited or regulated goods without authorization.

You also may not interfere with the integrity or performance of the Services, attempt to gain unauthorized access to any system or account, circumvent rate limits or security controls, or use bots to purchase tickets.

10. Content & intellectual property

You retain ownership of your Organizer Content. You grant FEARTICKET a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, and display that content solely to operate, promote and improve the Services - including displaying your event page, sending tickets, and, where you have not opted out, featuring your event or logo in our marketing. You can withdraw the marketing permission at any time by emailing us.

You represent that you own or have the rights to all Organizer Content and that it does not infringe any third-party rights.

We own the Services and all associated software, design, and trademarks. Feedback you send us may be used without restriction or compensation.

We may review, refuse, or remove content that we reasonably believe breaches these Terms, and may report unlawful content to the authorities. We are not obliged to monitor content, and we are not responsible for Organizer Content.

11. Data protection

Our handling of personal information is described in our Privacy Policy.

For Attendee Data an Organizer collects through the Services, the Organizer is the data controller and FEARTICKET acts as a processor, handling that data on the Organizer's documented instructions. Organizers are responsible for having a lawful basis to collect and use Attendee Data and for their own privacy notices. Where required, a Data Processing Addendum is available on request at info@fearticket.com.

You must not export Attendee Data from the Services and use it for purposes your Ticket Buyers would not reasonably expect, or sell it to third parties.

12. Third-party services

The Services integrate with third-party providers including payment gateways, email delivery, analytics, and mapping. We are not responsible for those services, their availability, or their terms. Your use of them is governed by their own agreements.

13. Availability & support

We work hard to keep the Services available around the clock, particularly through haunt season, and we provide support to Organizers by phone and email. Unless you hold a written service level agreement with us, the Services are provided without a guaranteed uptime commitment.

We may perform maintenance, and will try to schedule significant planned maintenance outside peak selling periods where practical.

14. Suspension & termination

You may stop using the Services at any time and may ask us to close your account. There is no contract term and no cancellation fee.

We may suspend or terminate your access if you materially breach these Terms, if we are required to by law, if your use creates a security, legal, fraud, or chargeback risk, or if you fail to pay amounts owed. Where practical and lawful, we will give notice and an opportunity to remedy.

On termination, your licence ends immediately. We will make reasonable efforts to let you export your event and order data for 30 days afterwards. Obligations that by their nature survive - including fees owed, chargeback liability, indemnities, and limitations of liability - continue after termination.

15. Disclaimers

FEARTICKET is not the organizer, promoter, or venue of any Event listed on the platform, and is not responsible for the delivery, quality, or safety of any Event.

16. Limitation of liability

Nothing in these Terms excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

17. Indemnification

You agree to defend, indemnify, and hold harmless FEARTICKET and its officers, employees, and agents from any claim, demand, loss, liability, or expense (including reasonable legal fees) arising out of your Event, your Organizer Content, your breach of these Terms or of applicable law, your handling of Attendee Data, or any dispute between you and a Ticket Buyer.

18. Governing law & disputes

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in New Jersey, except that either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing a claim, you agree to contact us at info@fearticket.com and attempt to resolve the dispute informally for at least 30 days.

If you are a consumer resident in the EEA or UK, nothing here deprives you of the protection of mandatory consumer law in your country of residence, or of your right to bring proceedings there.

19. Changes to these terms

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product notice before they take effect for existing Organizers. Changes apply immediately to new users and to non-material updates such as clarifications. Continued use after the effective date constitutes acceptance. The "last updated" date above always reflects the current version.

20. General

These Terms, together with the Privacy Policy and any written agreement between us, are the entire agreement on this subject. If any provision is found unenforceable, the rest remains in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for failure to perform caused by events beyond its reasonable control.

Questions about these Terms? Email info@fearticket.com or call +1 201-299-4757.