TICKET HOLDER AGREEMENT, WAIVER AND RELEASE

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL TICKET HOLDERS (A “HOLDER” AS USED IN THIS AGREEMENT) USING A TICKET, PRINTED AND/OR DIGITAL, TO GAIN ADMITTANCE TO A HOMETOWN TICKETING, INC. (“HOMETOWN” AS USED IN THIS AGREEMENT) EVENT. AN “EVENT” MEANS A TICKET MADE AVAILABLE THROUGH HOMETOWN’S SERVICES. “HOMETOWN’S SERVICES” ARE DEFINED AS HOMETOWN’S ONLINE TICKETING SOFTWARE PLATFORM AND RELATED SERVICES ON HOMETOWN’S MOBILE APPLICATION AND WEBSITE, AS WELL AS OTHER RELATED PRODUCTS AND SERVICES. ANYONE PURCHASING A TICKET IS CONSIDERED TO HAVE AGREED TO THIS AGREEMENT IN ORDER TO ENTER THE EVENT. ENTRY INTO THE BOUNDARIES OF THE EVENT SHALL BE CONSIDERED ACCEPTANCE

1. Ticket Obligations

   1. All sales are final. No refunds.
   2. The purchase of Tickets grants you the revocable license to attend the event described on the Ticket or its confirmation (the “Event”). No other relationship between the Parties, either expressed or implied, is created by your purchase of the Tickets.
   3. If, for any reason whatsoever, you do not receive a confirmation, or if you receive an error message or encounter a service interruption while you are completing the purchase of Ticket(s), it is your entire responsibility to contact our Customer Service Department at support@hometownticketing.com to confirm whether your order has been properly processed. You are solely responsible for any problem that may occur during the purchase of Ticket(s). In such case, HomeTown shall not be responsible for any loss (monetary or otherwise) that may result from any problem occurring during the purchase of Ticket(s) through their website, including, without limitation, the failure of a transaction to be completed or confirmed, whether through the actions of HomeTown and / or its related entities, or a third party.
2. PAYMENT OBLIGATION
   
   1. By accepting the terms of this Agreement, you agree to pay the full price of the Ticket(s) ordered, including any applicable taxes and delivery, convenience, and other fees, as described on the Order Confirmation.
3. COPYRIGHT
   
   1. All Intellectual Property rights in all materials produced or distributed by HomeTown in connection with this event are expressly reserved and any unauthorized duplication, publication or distribution is prohibited.
4. LIMITATION OF LIABILITY
   
   1. By accepting the terms of the Agreement, you assume all risk, liability and responsibility for any and all damages of any nature suffered by you, including, without limitation, bodily harm and loss of property incurred during or in connection with the event. Furthermore, you hereby waive any and all rights to claim damages, monetary or otherwise, or to institute civil, criminal, administrative or legal proceedings against HomeTown, its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of HomeTown, resulting from any cause whatsoever arising either before, during or after the event. In certain cases, applicable laws may not allow the limitation of liability set forth above, so this limitation of liability may not apply in such particular cases. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, then HomeTown’s aggregate liability (and that of its affiliates and other related entities or their directors, officers, administrators, employees, representatives and all other persons acting on behalf of HomeTown) under such circumstances for liabilities that otherwise would have been limited shall not exceed ten US dollars (USD$10).
5. INDEMINIFICATION
   
   1. You hereby agree to indemnify and hold harmless HomeTown, its affiliates and other related entities, their directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of HomeTown from and against any and all claims, actions, damages or other demands, including, but not limited to, reasonable costs and expenses of litigation such as counsel fees, arising from or relating to your purchase of Ticket(s) (including, without limitation, relating to your presence at the event and to any of your act or omission before, during or after the event).
6. APPLICABLE LAWS
   
   1. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule that would cause the application of laws of any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the federal courts of the United States or the courts of the State of Ohio, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens. Where a Court of competent jurisdiction declares a portion of the Agreement invalid or unenforceable, the remainder of the Agreement shall remain in force. The headings in the Agreement are provided for clarity only and do not form an integral part of the Agreement. Where you have read the Agreement in English, the Parties agree that the Agreement shall be drawn up in the English language.
7. PROCESSING OF YOUR DATA
   
   1. The processing of your personal data is governed by the HomeTown Privacy Policy. In relation to the personal data uploaded by you for the sole purpose of having them analyzed by our service, we act as a data processor, as defined by the EU General Data Protection Regulation 2016/679 (hereinafter “GDPR”). Upon your request, we provide the technical means for data processing to get expected outputs. This section presumes that data files uploaded to our service will contain personal data, as defined by GDPR. To the extent uploaded files do not contain such personal data, this section does not apply. We ensure that we undertake all reasonable actions that are required to: process the data only according to your instruction; set sufficient technical and organizational measures in order to protect data we process against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, in particular where the processing involves the transmission of data over a network, and against other unlawful forms of processing; comply with our other obligations set out by GDPR, including conclusion of data processing agreements where necessary; We are not liable for any damages if you use our services and upload the data contrary to these Terms.
8. ACKNOWLEDGEMENT
   
   1. This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. This Agreement is binding on and shall ensure to the benefit of me and my heirs and next-of-kin, and the Company and its successors and assigns. I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.