MGM Cultural, User, and the Organizer will be individually referred to as Party and collectively as Parties.
Subject to compliance with these Terms, MGM Cultural grants the User a non-exclusive, non-transferable, non-sublicensable, revocable right to browse the Platform and search for, view, register for or purchase tickets or registrations to an event published on the Platform.
Subject to compliance with these Terms MGM Cultural grants the Organiser a non-exclusive, non-transferable, non-sublicensable, revocable right to a) create, publish, and promote any upcoming events on the Brand Page b) sell tickets, manage, track, and collect sale proceeds for the published events through the Event Page.
The User may choose to register on the Platform in order to enjoy certain benefits and additional features that are available to the registered Users. The User can sign in and create their account by providing us their username and a password or can also sign in using any of their social media or third-party sign-on services ("Account").
Users can buy tickets for any event from the Event Page of the Organiser. The User directly enters into an agreement with the Organiser.
The Organiser shall ensure to publish only authentic events on the Brand Page. MGM Cultural strictly prohibits any Organiser to republish or resell the tickets of any event that has been already published by another Organiser on their Brand Page ("Republished Event").
Users shall be responsible for verifying the authenticity and complying with the terms and conditions for attending the event listed on the Brand Page and Event Page. MGM Cultural is not responsible for (a) the accuracy, legality, safety, or quality of the events published on the Brand Page and Event Page; (b) change of event place; (c) cancellation or postponement of the events; and (d) the restriction of entry of the User to the event venue (e) any purchase of tickets by the User, by directly contacting the Organiser or through any other booking platform (f) sale of tickets for any Republished Events and (g) any physical or virtual promotion of events by the Organiser outside the Platform.
Upon the purchase of the tickets by the Users, MGM Cultural shall provide the Users with a confirmation message with a unique QR code. In the case where a physical ticket is required, they will be provided by the Organiser at the event venue prior to the event. The Organiser agrees to unconditionally accept, and honor all the ticketing commitments to all the tickets that have been confirmed by MGM Cultural through their Platform. Organiser shall verify the QR code using the ticket verification app provided by MGM Cultural at the venue of the event and may also check for the fulfillment of any event restrictions criteria prior to the event.
Exchange, resell, or transfer of tickets can only be done at the discretion of the Organiser.
For events in India: The base price of the tickets for the events published on the Event Page shall be fixed by the Organiser ("Base Price"). MGM Cultural shall collect directly from the Users the Base Price as well as a transaction fee as specified in the pricing schedule published on the MGM Cultural website, for every ticket booked through the Platform ("Booking Fee"). The Base Price and the Booking Fee are collectively called the "Event Registration Fee". Organiser authorizes MGM Cultural to process the Event Registration Fee through MGM Cultural partnered payment gateways. The Parties shall be subject to the terms and conditions of the third-party payment gateways.
Upon receiving the Event Registration Fee from the Users, MGM Cultural shall withhold the payments to the Organisers for 2 days, post the event to see if there are any complaints from the Users relating to the event ("Withholding Period"). Upon receiving complaints, if MGM Cultural in its sole discretion believes that the event published by the Organizer is or is likely to be in violation of these Terms, MGM Cultural will refund the Base Price to the Users with or without notice to the Organiser. On completion of the Withholding Period without any complaints, MGM Cultural shall transfer the Base Price to the Organiser. The amount shall be transferred to the Organiser’s bank account, details of which shall be provided in the payout settings on the Platform at the time of the creation of the Brand Page.
MGM Cultural shall have no liability and will make no refund towards any request from the Users post the Withholding Period, the Users must directly contact the Organiser with respect to any refund-related queries. The Organiser may include a refund policy on their Event Page with respect to every event they publish.
In the event of refunds due to violation of these Terms or cancellation, postponement, overbooking, strike, force majure, or any other causes not directly attributable to MGM Cultural, MGM Cultural shall continue to be entitled to the Booking Fee and any other handling fee charged.
The Organizer is obliged to raise objections, if any, against the payments from MGM Cultural within 30 days after payment of the Base Price. If not any dispute against such payment shall be deemed to be waived by the Organiser.
For events outside India: For the sale of tickets for an event happening outside India, MGM Cultural shall not collect the Event Registration Fee from the Users. The Users shall directly pay the Organiser through a third-party payment gateway such as Paypal or Stripe. After receiving the payment, the third-party payment gateway shall transfer the Booking Fee to MGM Cultural and the Base Price to Organiser as per their standard payment cycle. from the completion of a payment transaction.
MGM Cultural shall not be responsible for any refund request for any such event for which the Organiser directly collects the Event Registration Fee from the User. Users must contact the Organiser with respect to any refund-related queries in accordance with the refund policy published on the Event Page of the Organiser. The Booking Fee and any other handling fee collected by MGM Cultural are non-refundable.
"Intellectual Property Rights" means any and all patent rights, copyright rights, trademark rights, trade secret rights, know-how sui generis database rights, and all other intellectual and industrial property rights of any sort throughout the world (including any application therefor and any rights to apply therefor, as well as all rights to pursue remedies for infringement or violation thereof)
Except for the limited rights granted to the User or the Organiser under these Terms, all rights, title and interest in including all Intellectual Property Rights related to the Platform shall belong to and remain exclusively with MGM Cultural.
Organiser shall own all rights, title, and interest in, including all Intellectual Property Rights to any material or content created by them on the Brand Page or the Event Page and the Organiser’s name, logo, and marks on the Brand Page or the Event Page belong to and remain exclusively with the Organiser.
Organiser shall only use the name, logo, or such other names or logos used by MGM Cultural ("MGM Cultural Marks") to refer to the Platform to identify itself as an Organiser using the Platform for publishing and promoting events; provided that Organiser does not claim or attempt to claim, now or in the future, any rights in the MGM Cultural Marks, degrade the distinctiveness of the MGM Cultural Marks, or use the MGM Cultural Marks to disparage or misrepresent MGM Cultural, and its Platform.
Organiser and the User shall own the rights to all the data including any personal data that they provide to MGM Cultural. MGM Cultural shall have a right to process such data for the purpose of providing, supporting, operating, maintaining, and improving the Platform. We shall also have the right to re-use any and all techniques and know-how gathered while providing the Platform to the Organiser and the User.
MGM Cultural shall have a perpetual right and license to incorporate into the Platform or otherwise use any suggestions, enhancement requests, recommendations, or other feedback it receives from the Organiser or the User.
Notwithstanding anything to the contrary in these Terms, MGM Cultural may collect and use query logs, and any data relating to the operation, support, and/or about the Organisers’ or Users’ use of the Platform, MGM Cultural websites, ("Usage Data") to develop, improve, support and operate its Platform.
All rights not expressly provided to you herein are reserved.