Sign In Join Free

Terms of Service

The following Terms of Service are entered into by and between you and The FOAT ("The FOAT," "we," "our," or "us"). The Terms of Service, together with any documents expressly referenced herein, including but not limited to the FOAT's Privacy Policy, Spam Policy, and The FOAT Ticket Service Agreement, as revised from time to time, are hereby incorporated by reference as a substantive part hereto (collectively, the "Terms"), govern your access to and use of www.thefoat.com or any other FOAT affiliated or operated website, application, or platform (the "Site") and any content, functionality, and services offered on or through the Site (together with the Site, the "Services"), whether as a guest or a registered user.

Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.

This Services are offered and available to users who are 18 years of age or older. By using this Services, you represent and warrant that you are of legal age to form a binding contract with The FOAT and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

  1. DESCRIPTION OF THE FOAT SERVICES; AFFILIATION DISCLAIMER

    The FOAT provides users with access to a multitude of resources, including without limitation various communications tools, blogs, shopping services, search services, social networking capabilities and marketing tools. You understand and agree that the Services may include advertisements and that these advertisements are necessary for The FOAT to provide theServices. You understand that the Services may include service related or transactional communications from The FOAT (such as account, security, urchase, access, and operational messages). These communications are necessary to provide the Services and, where permitted by law, are not subject to marketing optout controls. You may manage or opt out of marketing or promotional communications as described in our Privacy Policy. Even after you opt out of marketing communications, The FOAT may continue to send non-promotional, service-related messages (including legal, safety, and transactional notices) as allowed by applicable law. Unless e xplicitly stated otherwise, any new features that augment or enhance the current the Services, including the release of new The FOAT properties, shall be subject to the Terms. You understand and agree that the Services are provided "AS-IS" and that The FOAT assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Services. You understand that the technical processing and transmission of the Services, including your Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

  2. MODIFICATION OF TERMS

    We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.

  3. YOUR REGISTRATION OBLIGATIONS

    In accordance with these Terms, you may register for a The FOAT account and thereby be deemed to be a The FOAT Service user or member. In consideration of your use of The FOAT Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving The FOATServices under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as required, including but not limited to, registration forms and (b) maintain and promptly update your personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or The FOAT has a reasonable basis to believe that such information is untrue, inaccurate, outdated or incomplete, The FOAT has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of Services (or any portion thereof). You are responsible for the security of your account. You accept all risks of unauthorized access to your account and the information you provide. You agree to (a) immediately notify The FOAT of any unauthorized use of your password or account or any other breach of security, and (b) that The FOAT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.

  4. THEFOAT PRIVACY POLICY

    x For more information about how we collect, use, and share your personal information, see The FOAT Privacy Policy at https://www.thefoat.com/fa/company-privacy_policy. You understand that through your use of the Services, you consent to the collection and use of this information as set forth therein.

  5. USER CONTENT

    You may be able to publish, display, reproduce, adapt, share, disseminate, and otherwise use content on or through the Services, including but not limited to information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"). Such Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not The FOAT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. If you choose to make Content available on or through the Services, you hereby grant to The FOAT and its affiliates an unrestricted perpetual, irrevocable, royalty-free, fully paid up, worldwide, sublicensable and transferable right and license (though not obligation) to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of such Content, as well as your name, image, persona, likeness and all other identifying indicia included in any Content and your social media account handle, username, legal or stage name, profile picture and/or any other information associated with the Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further payment, notice to or approval by you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the Content. The FOAT will be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing services and products that incorporate or otherwise rely upon such information.You also hereby grant each other registered user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content solely as permitted through the functionality of the Services and under these Terms. The FOAT does not control, censor or fact- check the Content posted via The FOAT Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will The FOAT be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.

    By posting Content, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post, or otherwise display on or through the Services. You agree to not use the Services, in whole or in part, to:

    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. harm minors in any way;
    3. impersonate any person or entity, including, but not limited to, a The FOAT official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (collectively, the "Rights") of any third party;
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (as further detailed in our Spam Policy);
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
    10. interfere with or disrupt the Services or servers or networks connected to The FOAT Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
    11. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 USC §1189);
    12. "stalk" or otherwise harass another; and/or
    13. collect, store, transfer or sell personal informationabout other users.

    You acknowledge The FOAT may or may not pre-screen Content, but that The FOAT and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via The FOAT Services. Without limiting the foregoing, The FOAT and its designees shall have the right (but not the obligation) to remove any Content that violates the Terms or is otherwise objectionable, as determined in its sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not claim reliance on any Content created by The FOAT or submitted to The FOAT, including without limitation information in The FOAT Blogs and Comments and in all other parts of The FOAT Services. You acknowledge, consent and agree that The FOAT may access, preserve and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of The FOAT, its users and the public.

    You understand and acknowledge that The FOAT Services and software embodied within The FOAT Services may include security components that permit digital materials to be protected, and that the use of these materials is subject to usage rules set by The FOAT and/or content providers who provide content to The FOAT Services. You may not attempt to override or circumvent any of the usage rules embedded into The FOAT Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on The FOAT Services, in whole or in part, is strictly prohibited.

    Organizers are solely responsible for all eventrelated content and materials they submit, upload, or authorize for use on or through the Services, including but not limited to event names, descriptions, schedules, artwork, images, photographs, audiovisual content, logos, trademarks, copyrighted materials, likenesses, brand references, and all intellectual property therein and thereto (collectively, the "Organizer Materials"). Organizers represent and warrant that they have all rights necessary to use and authorize The FOAT to reproduce, post, display, broadcast, adapt, perform, transmit, distribute, and otherwise use the Organizer Materials, in whole or in part, in all manners and mediums as the Content without additional compensation, approval, or attribution except as expressly contemplated in the FOAT Ticket Service Agreement. The FOAT is not responsible for, and will not be a party to, disputes between Organizers and any third party, including but not limited toregistered users, rights holders, venues, sponsors, co-promoters, or contractors. The FOAT has no obligation to provide any third party (other than the Organizer or as required by law) with eventlevel sales, payout, or other confidential transaction data and may decline any demand for such information that is not legally compelled.

  6. LIMITED LICENSE

    You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, "as-is" license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes. This license is subject to your compliance with these Terms below.

  7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

    Recognizing the global nature of the internet, you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Use of The FOAT Services and transfer, posting and uploading of software, technology, and other technical data via The FOAT Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via The FOAT Services to parties identified on such lists; (b) agree not to use The FOAT Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via The FOAT Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.

  8. PROHIBITED USES

    You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password "cracking," or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Services or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.

    In addition, you agree not to and will not assist another to:

    1. reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
    2. upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
    3. link to, mirror or frame any portion of the Services without our prior express written permission;
    4. scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services;
    5. remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof; or
    6. post or facilitate the posting of counterfeit, unauthorized, or infringing tickets or event content; engage in speculative ticket listings; use automated tools to circumvent ticket purchasing rules, quantity limits, pricing, or availability; or otherwise interfere with fair access to tickets.

  9. EXTERNAL SITES

    All matters concerning your purchase, exchange, return, and/or use of any services, products, or other offerings from any third party (each a "Third Party Seller") operating any site or property to which the Services contains a link (each an "External Site") are solely between you and the Third Party Seller. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products, services or other materials on or made available from or through any External Sites or Third Party Sellers. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials or transactions on, or made available from, any External Sites or by any Third Party Sellers.

    You will not consider us, and we will not be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to any such transactions. From time to time, the Site and Services may contain affiliate links or sponsored content, and we will comply with applicable laws and regulations where applicable, which may include issuing appropriate disclosures in accordance with the Federal Trade Commission's Guides Concerning the Use of Endorsements and Testimonials in Advertising.

    Any access to or reliance on the contents of a third-party website, including any Linked Website, is done at your own risk. By using any product, service, or functionality originating from the Services, you hereby acknowledge and consent that The FOAT may share user information and data with any third party with whom The FOAT has a contractual relationship to provide the requested Service or functionality on behalf of the users and customers of the Services, in accordance with our Privacy Policy. Further, your use and submission of personal information through the External Sites may be subject to such Third Party Seller terms, conditions, and policies, as may be amended from time to time.

  10. CONTRIBUTIONS TO THE FOAT

    Without limiting the foregoing, by submitting Content such as ideas, suggestions, reviews/testimonials, documents, and/or proposals ("Contributions") to The FOAT through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) The FOAT is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) The FOAT shall be entitled (but not obligated) to use or disclose such Contributions, in whole or in part, for any purpose, in any way, in any media worldwide; (d) The FOAT may have something similar to the Contributions already under consideration or in development; (e) your Contributions will automatically become the property of The FOAT without any obligation of The FOAT to you; and (f) you are not entitled to any compensation or reimbursement of any kind from The FOAT for Contributions under any circumstances.

  11. INDEMNITY

    To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless The FOAT from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, reasonable outside attorneys' fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, "Claims"), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Content; (b) any feedback/Contributions you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user or Third Party Seller; (e) any breach or non- performance of any covenant or agreement made by you; (f) your Content or Contributions; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify The FOAT of any third-party Claims and cooperate with The FOAT in defending such Claims. You further agree that The FOAT shall have control of the defense or settlement of any third- party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND THE FOAT. The Organizer , not The FOAT, is solely responsible for your ticket and/or merchandise purchases.

  12. NO COMMERCIAL REUSE OF THE FOAT SERVICES

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services (including Content, advertisements, and Software).

  13. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that The FOAT may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that The FOAT Messenger, blog postings, posted comments or other uploaded Content will be retained by The FOAT, the maximum number of The FOAT messages that may be sent from or received by an account on/through the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on The FOAT's servers for your benefit, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that The FOAT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Services. You acknowledge that The FOAT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that The FOAT reserves the right to modify these general practices and limits from time to time without notice.

  14. MODIFICATIONS TO THE FOAT SERVICES

    The FOAT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, The FOAT Services (or any part thereof) with or without notice. You agree that The FOAT shall not be liable to you or to any third party for any modification, suspension or discontinuance of The FOAT Services (or any part thereof).

  15. TERMINATION

    You may terminate your The FOAT account, any associated email address and access to the Services by submitting such termination request to The FOAT.

    You agree that, in its sole discretion and with or without cause, The FOAT may, without notice, immediately terminate, limit your access to or suspend your The FOAT account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected or uncontrollable technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with The FOAT Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in The FOAT's sole discretion and that The FOAT shall not be liable to you or any third party for any termination of your account, any associated email address, or access to The FOAT Services.

    Termination of your The FOAT account includes any or all of the following: (a) removal of access to all or part of the offerings within The FOAT Services, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of The FOAT Services.

  16. INTERNATIONAL ISSUES

    The Site and Services are controlled, operated and administered by The FOAT from its offices within the United States. We do not represent that materials or elements on the Site or through the Services are appropriate or available for use in other locations. If you access such from a location outside the United States, you agree to comply with all applicable local laws, rules and regulations in connection with your use of the Site and Services. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that The FOAT is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that The FOAT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  17. THE FOAT'S PROPRIETARY RIGHTS

    You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by T he FOAT or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by The FOAT for use in accessing the Services.

  18. ARBITRATION

    Please read this Section carefully because it requires you to arbitrate certain disputes and claims with The FOAT and limits the manner in which you can seek relief from us.

    These Terms, including all matters of construction, validity, and performance, and all disputes arising out of or connected with these Terms and the Services (each, a "Dispute"), shall be governed by and construed in accordance with the laws of California without regard to its conflict of laws principles, except that the arbitration clause herein shall be governed by the Federal Arbitration Act.

    Any Dispute shall be settled by individual arbitration under the Commercial Arbitration Rules of the AAA. The place of arbitration shall be Kern County, California. The language of the arbitration shall be English. The arbitrator shall be an attorney or expert with experience in commercial, consumer, or technology agreements.

    Notwithstanding the foregoing, any Dispute not resolved through arbitration that is less than $10,000 USD and qualifies for treatment on a non-jury basis in a small claims court in Kern County, California may be resolved in such small claims court on an individual basis at the election of either party.

    All Disputes shall be mediated, arbitrated, or litigated on an individual basis. You irrevocably waive any right to proceed on a class, collective, or representative basis. You and we agree that the arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on that individual's Claim(s). Any relief awarded may not affect other users. You and we agree that, by entering into these Terms, you and we are each waiving the right to a trial by jury.

    This Section shall not limit the right of The FOAT to collect payments due or prevent either party from commencing any action or proceeding to compel arbitration, obtain injunctive relief pending the appointment of an arbitrator, or obtain execution of any award rendered. Venue for all such proceedings shall be the state or federal courts located in Kern County, California. The parties shall bear their own expenses, except that the parties shall equally share the expenses of any mediator or arbitrator (except for required non-refundable filing fees, which shall be paid by the party asserting the Dispute). The prevailing party in any arbitration may seek from the arbitrator an award of reasonable outside attorneys' fees and costs incurred. Judgment on any award may be entered in any court having jurisdiction.

  19. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM ANY SOURCE THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
    3. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOAT OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

  20. LIMITATION OF LIABILITY

    TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOAT AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "FOAT PARTIES") SHALL NOT BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) ANY CONDUCT OR CONTENT OF ANY USER, ORGANIZER, OR THIRD PARTY; (e) ANY EVENT OR ORGANIZER MATERIALS; OR (f) ANY OTHER MATTER RELATING TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY DISPUTE BETWEEN AN ORGANIZER AND A THIRD PARTY.

    NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.

    YOU ALSO AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE FOAT PARTIES' ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY THE FOAT PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY SITE, SERVICES, MATERIALS AND CONTENT, OR PLATFORMS OWNED OR CONTROLLED BY THE FOAT PARTIES.

  21. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU. YOU AND THE FOAT INTEND THAT EXCLUSIONS OR WARRANTIES AND LIMITATIONS ON DAMAGES SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.

  22. NOTICES AND OTHER COMMUNICATIONS

    The FOAT may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate the Terms by accessing the Services in an unauthorized manner. Your agreement to the Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner in accordance with this Terms.

    You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.

    Except as required by law, legal process, or as reasonably necessary to operate the Services, The FOAT does not provide eventlevel sales reports, payouts, or similar Organizer data to third parties who are not the Organizer (or the Organizer's expressly authorized agents).

  23. THE FOAT IP

    The Site, Services, and The FOAT name, trademarks and service marks, including but not limited to THE FOAT and THE FASTEST OF ALL TIME, designs, logos, copyright, The FOAT branded products and offerings, and all other intellectual property and proprietary rights therein and thereto (collectively, the "FOAT MATERIALS"), are copyrights, trademarks, trade dress or other intellectual property and proprietary rights owned, controlled, or licensed by The FOAT upon the terms hereunder. Conditioned upon your compliance with these Terms, you may only use the FOAT Materials for your personal, noncommercial use; any other use of the FOAT Materials or Services without our express written consent in each instance is strictly prohibited. No right, title, or interest in any FOAT Materials is granted or transferred to you as a result of your access or use thereof. Unless otherwise noted herein, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, any of the FOAT Materials. Unauthorized use of the FOAT Materials is expressly prohibited by law, and may result in severe civil and criminal penalties.

  24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    The FOAT respects intellectual property rights and expects users and Organizers to do the same.Submitting false or misleading notices or counter-notices may result in account termination:

    1. DMCA Notices. If you believe content on the Services infringes your copyright, please send a notice containing: (1) your physical or electronic signature; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material (URL(s) or event page link); (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized agent.
    2. Counter Notices. If your content was removed due to a DMCA notice and you believe the removal was in error or that you have authorization, you may submit a counter-notice containing: (1) your physical or electronic signature; (2) identification of the removed material and where it previously appeared (URL(s)); (3) a statement under penalty of perjury that you have a good-faith belief the material was removed due to mistake or misidentification; and (4) your name, address, telephone number, and a statement that you consent to the jurisdiction of the federal district court for your judicial district (or Kern County, California, if outside the U.S.) and that you will accept service of process from the original complainant. If we receive a valid counternotice, we may restore the material in our discretion unless the complainant informs us that they have filed an action seeking a court order.
    3. Repeat Infringer Policy. The FOAT may disable or terminate accounts of users or Organizers who are determined by The FOAT, in its sole discretion, to be repeat infringers.
    4. Trademark Complaints. If you believe content infringes your trademark, please submit: (1) your physical or electronic signature; (2) the trademark and registration number (if applicable), jurisdiction, and mark owner's name; (3) a description of the infringing use and why it causes confusion; (4) the location of the content (URL(s) or event page link); and (5) your contact information. We may forward your complaint to the poster and/or the Organizer. We may remove or disable access to content in our discretion.
    5. Designated Agent. Notices required under this Section 24 may be sent to:
      By mail:
      Copyright Agent
      The FOAT
      P.O. Box 3608
      Bakersfield, CA 93385

    The FOAT respects the intellectual property of others, and we ask our users to do the same. The FOAT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeatedly infringing on the rights and wellbeing of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide The FOAT the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
    3. a description of where the material that you claim is infringed is located on the site;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or exclusive licensee or are authorized to act on the copyright or intellectual property owner's behalf.

    The FOAT Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:
    Copyright Agent
    The FOAT
    P.O. Box 3608
    Bakersfield, CA 93385

  25. FEES AND PAYMENT

    Fees; Payment Processing; Authorization

    You authorize The FOAT and its third-party payment processor(s) to charge your selected payment method for the total amounts presented at checkout, including but not limited to ticket price(s), taxes, government-imposed fees or charges, shipping or delivery charges (if any), and applicable FOAT or processing/service fees. By submitting a payment method, you represent that you are authorized to use that payment method. The service fee is determined by the ticket price and advanced features enabled by the event Organizer. The service fee increases slightly as the price of the ticket goes up. Service fees are non-refundable, including fees for events that are canceled or postponed. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the conclusion of such Services or corresponding event. The FOAT expressly reserves the right to modify pricing through email notification and/or notice through the Services. Further terms and conditions relating to payment may apply, including compliance with any of our payment processors’ terms, which you agree to be bound by using our payment services.

    In the event of any discrepancy in a sentence, paragraph, or statements made by an Organizer utilizing TheFOAT online ticketing service, it is hereby acknowledged and agreed that any statement made in error or intentionally by said Organizer shall not supersede any fees and/or taxes associated with the ticketing service. For instance, in the case where an organization advertises "no fees with your purchase," such statement shall not prevail over any fees otherwise imposed by TheFOAT ticketing service. This provision ensures that the fees and taxes set by TheFOAT ticketing service remain applicable and enforceable, irrespective of any conflicting statements made by the Organizer.

    You agree that you are solely liable for arranging that your Services or event ticket(s) are timely paid for and processed, and that The FOAT shall not be liable to you or any third party if it is unable to charge your credit card in order topay for the same. All transactions are processed in US dollars. Any amounts to be charged will appear during the service ordering process.

    Variable/Recurring Charges

    Where an offering involves recurring, installment, or variable charges (for example, an installment plan, subscription, pass, or auto-renew feature), FOAT will present the key terms (price or pricing method, frequency, and how to cancel) and obtain your affirmative consent before the first charge. By enrolling, you authorize recurring charges to your stored payment method until you cancel as described at the point of enrollment. You may cancel future charges at any time through your account settings or by using the cancellation method disclosed at enrollment; cancellations take effect prospectively and do not entitle you to refunds unless expressly stated in the applicable plan terms.

    Card Network Rules; Account Updater

    You acknowledge that transactions are subject to card network and processor rules. You authorize FOAT and its processors to update and use new card numbers or expiration dates supplied by you, your bank, or the applicable card network (including via account updater services) and to retry declined transactions using the same or an updated payment method, in each case consistent with applicable law and network rules.

    Reserves; Offsets

    To the extent permitted by law and applicable network rules, FOAT may place a hold, reserve, or delay on disbursements and may set off or deduct amounts you owe (including chargebacks, reversals, refunds, or fees) from refunds or other amounts payable to you through the Services.

    Third-Party Processing; No Banking

    Payment processing is provided by third-party processors; FOAT is not a bank, money transmitter, or other financial institution. Some payments may be processed as limited payment agent transactions on behalf of Organizers, as described above.

    Network Rules and Applicable Law

    Payment processing and stored credential features are provided subject to applicable law and card network/processor rules; nothing in this Section is intended to expand The FOAT’s obligations beyond those requirements or to waive any defenses available under applicable law.

  26. THE FOAT TICKETS

    Description of Ticket Service

    As part of the Services, the FOAT provides a ticketing and registration platform and, where applicable, acts solely as a limited agent for registered users who are event organizers and/or owners (each an “Organizer”)to facilitate the sale of tickets and/or merchandise and collection of related payments from registered members and guests who want to attend such events or purchase related merchandise (each also considered a “Buyer”) pursuant to the terms of The FOAT Ticket Service Agreement. Organizers may setup an account with The FOAT and collect event registration fees online directly from Buyers. Organizers are the sellers and are solely responsible for the events, event quality and safety, credentials, capacity, compliance, and the fulfillment of all tickets and services.

    Consumer Disclosures

    To promote transparency and protect buyers nationwide, The FOAT implements the following disclosures and practices (to the extent required by applicable law): (i) pricing that clearly discloses per-ticket price, applicable taxes or government charges, and OAT/processing fees before checkout; (ii) clear refund terms, including Organizer set refund policies for canceled, postponed, or rescheduled events; (iii) truthful representation of ticket type, access rights, delivery method, and any known restrictions on transfer or use; (iv) prohibition on speculative listings or tickets not in the Organizer’s control; and (v) no use of bots or other automated means to purchase tickets in violation of applicable law.

    Ticket Purchases

    You agree to not hold The FOAT responsible for any problems associated with the event for which you purchased tickets. You agree that The F OAT is only responsible for providing ticket services for the event. Any dissatisfaction or issues you have with the event during or after, please contact the event Organizer in these matters. The FOAT in its sole discretion has the right to refuse service. Any rewards program can be discontinued at any time without notification to you. The Organizer may possess certain information when you purchase an event ticket or merchandise, including but not limited to, the name, address, phone number and email address given during the checkout process. By submitting such requested information, you acknowledge and agree that Organizer may use that information, in whole or in part, in its discretion and ubject to its policies, including its privacy policy. You will not hold The FOAT liable for any use of any information you provided to the Organizer hereunder.

    The FOAT may, in its discretion, remove or disable access to any listing or content; suspend ticket sales; withhold, delay, or require return of disbursements; or require additional information or assurances from an Organizer where The FOAT believes there is or may be (i) an intellectual property dispute or rights complaint; (ii) a consumer protection, safety, or capacity concern; (iii) fraud, abuse, or chargeback risk; or (iv) a legal request or court order.

    Refunds

    Each event Organizer sets their refund policy. Please click or navigate to the applicable refund policy link from the associated event or Organizer for further details.

    Event cancellation; Postponed events

    Each event organizer sets their refund policy for canceled or postponed events. Please click or navigate to the applicable refund policy link from the associated event or Organizer for further details.

    Ticket delivery

    Tickets bought on the Site will automatically appear in your My Tickets account if you are an active registered member. Login to your TheFOAT.com account to access the tickets. Click "My Tickets" in the Manage section of your home control panel. You can also click "My Tickets" from the main Tickets section on the Site. If you are not an active registered member of the Site, you can view your tickets immediately after you make your purchase from the confirmation page or from your email confirmation. We advise that you print your ticket and present it at the event venue for admission, but you are responsible for checking the Organizer’s event requirements for exact details regarding admission.

    Exchange Rate

    All orders are made in USD. All refunds are made in USD. If a refund is requested, TheFOAT will refund that exact amount of the order in USD at the time the order was placed. For example, if your order is $100 USD and a refund is requested, we will refund exactly $100 in USD. International orders (international order is defined as a customer with a billing address outside of the United States) may be subjected to exchange rates. Your bank / credit card company, not TheFOAT, determines the exchange rate. TheFOAT does not determine the amount that will be taken from your account after the exchange rate occurs. Additionally, if a refund is requested, TheFOAT will process a refund of the exact amount of USD at the time of the original order (per the example above). But your bank / credit card company may determine a different amount in your currency after the refund. You will not hold TheFOAT or its processors, partners, or Organizers liable for any difference in funds your bank / credit card company determines how the exchange rate in your currency is given.

    Purchasing with credit card

    You must enter your credit card billing information exactly as it appears on your monthly statement. Failure to accurately enter your billing information may result in the transaction not being completed properly. We currently only accept Visa, MasterCard, Discover and American Express.

    Event Organizer/owner termination

    If an Organizer violates any of the Terms, they can be terminated from The FOAT ticket service at the sole discretion of The FOAT.

    Ticket Sub-Domains

    If you are using the Services as an Organizer, The FOAT may provide you with the right to use a sub-domain within the Site (e.g., TheFOAT.com /[sub- domain prefix]). All such sub-domains are the sole property of The FOAT. In the event The FOAT provides you with a sub-domain, your right to use such sub- domain may be terminated by The FOAT at any time (with or without notice) for any reason or no reason.

  27. MERCHANDISE

    All sales are final on merchandise sales by the FOAT

    No refunds will be given by The FOAT on the sales of merchandise. Refer to the applicable seller's or Organizer's refund and exchange policy, as they are responsible for processing such requests in accordance with their own terms.Qualified sellers may only list merchandise and apparel items for sale through the Site. Non-merchandise items, including but not limited to, food, raffle, lottery, or giveaway tickets (whether free or paid), are strictly prohibited.

  28. RELEASES

    By using the Services, including but not limited to submitting or posting Content or purchasing tickets to an event, you fully and unconditionally release and forever discharge The FOAT and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person, entity, or Organizer or (ii) the use by The FOAT and/or any Organizer, oryour use of other user Content or Organizer Materials, including any and all claims that use of such pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.

  29. GENERAL INFORMATION

    Entire Agreement

    The Terms constitute the entire agreement between you and The FOAT and govern your use of the Services, superseding any prior version of the Terms between you and The FOAT with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other the Services, affiliate services, or third-party content. If there is a conflict between these Terms of Service and The FOAT Ticket Service Agreement, the latter will control as to Organizer-facing ticketing matters; otherwise, these Terms of Service govern.

    Choice of Law and Forum

    You and The FOAT each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and The FOAT, shall be brought exclusively in the courts located in the county of Kern, State of California or the U.S. District Court for the Eastern District of California. Through your registration for the Services account, you and The FOAT agree to submit to the personal jurisdiction of the courts located within the county of Kern, State of California and the Eastern District of California, and agree to waive any and all objections, including but not limited to forum non convenient, to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

    Waiver, Severability, and Survival of Terms

    If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The FOAT's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Notwithstanding anything to the contrary herein, all provisions which require a party's actions after termination or which by their nature are intended to survive termination shall so survive.

    Non-Transferability

    You agree that your The FOAT account is non-transferable and any rights to your The FOAT account or contents within your account terminate upon your death or incapacity. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. The Terms inure to the benefit of The FOAT's successors, assigns, affiliates, and licensees.

    Statute of Limitations

    To the maximum extent permitted by applicable law, any Dispute or Claim you may have against The FOAT arising out of or relating to the Site or the Services must be filed within one (1) year after the claim accrues (i.e., when you knew or reasonably should have known of the facts giving rise to it), or such Dispute or Claim is permanently barred. This Section applies except to the extent a longer limitations period is mandated by applicable law, in which case that longer period will apply; nothing in this Section extends any shorter limitations period that may otherwise apply under applicable law.

    Headings

    The Section titles in the Terms are for convenience only and have no legal or contractual effect.

    Independent Contractors

    You agree that no joint venture, partnership, employment or agency relationship exists between you and The FOAT as a result of these Terms or your use of the Services.

  30. CONTACT US

    Unless otherwise noted, please contact us with any questions or concerns in connection with these Terms or the Services, or provide us with any notice required hereunder to:


    [email protected]

    The FOAT
    P.O. Box 3608
    Bakersfield, CA 93385
Last Updated: March 11, 2026
Loading...
#overlay-actions
THIS WEBSITE USES COOKIES
TheFOAT uses cookies to offer you a better user experience. By clicking "Accept All Cookies" or continuing to use this site you agree to the storing of cookies on your device in accordance with our Cookie Policy.
Cookie Notice - Terms Of Service - Privacy Policy
Cookie Notice - Terms Of Service - Privacy Policy
Accept All Cookies