|
|
|
SEATS.COM
TERMS OF USE AGREEMENT AND DISCLAIMER
|
General. Seats.com acts as an intermediary between buyers and ticket sellers to facilitate the purchase and sale of event tickets and as
such, is not directly involved in the actual ticket sale transaction between buyers and ticket sellers. The following are the rules or
"Terms" that govern use of the Seats.com.com Web site ("Site") by you, the user of the Site ("User"). By using or visiting the Site, User
expressly agrees to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. Seats.com.com
reserves the right to change these Terms at any time, effective immediately upon posting on the Site. If User violates these Terms of Use,
Seats.com.com may terminate User's access to the Site, bar User from future use of the Site, cancel User's ticket order, and/or take appropriate
legal action against User.
Orders. Seats.com does not sell tickets. Orders are processed and fulfilled by one of our network of participating ticket seller sites.
Contact information for the seller who fulfills your order (Fulfilling Seller) will be made available to User during the purchase process.
The Fulfilling Seller determines the actual terms of the transaction. Generally: All sales are final. Since tickets are a one-of-a-kind item
and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled
date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, User will need to contact the Fulfilling
Seller for a refund. The Fulfilling Seller may require the User to return the supplied tickets at User's expense before receiving any refund
User may be entitled to due to cancellation. Seats.com is not responsible for providing or securing this refund for User. Any shipping and
handling charges are not refundable. Neither Seats.com nor the Fulfilling Seller will issue exchanges or refunds after a purchase has been
made for lost, stolen, damaged or destroyed tickets. When User receives tickets, User should keep them in a safe place. Please note that
direct sunlight or heat may damage tickets.
Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received.
If equivalent or better seat locations are available at the same price, the Fulfilling Seller may fill the order with the alternative seat
locations. If User is automatically upgraded in this manner, User's credit card will generally be charged at the time the order is received
and User will be notified of the new seat locations. If User is not automatically upgraded, a representative from the Fulfilling Seller may
contact User to discuss alternative seat locations, and User's credit card will not be charged until Fulfilling Seller has received permission
from User to fill your order with alternative seat locations.
In order to protect users from fraud, a user may be required by a Fulfilling Seller to provide additional proof of identify on any order.
Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of notarized public documents
such as a state driver's license or federal passport.
All orders are shipped by the Fulfilling Seller via User's chosen shipping method. Usually Fulfilling Sellers process orders the same
business day in which they are received. Orders placed after business hours may be processed on the next business day. For certain events,
tickets may not be available for immediate shipment. In this case, a representative from the Fulfilling Seller will contact User with
notification of an approximate shipping date. Tickets will be shipped when available, and choice of an expedited delivery method does not
guarantee that tickets will be shipped immediately. Fulfilling Seller may use a shipping method that will require a signature at the point
of delivery. Customers outside of the United States must choose an International Delivery option. If any other option is chosen for an order
outside the United States, the shipping cost may be adjusted by the Fulfilling Seller after the order is placed to use the International Rate.
If User specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, Fulfilling Seller may
require user to pay an additional fee to cover the added risks associated with this type of order. If such a shipping address is used,
the Fulfilling Seller will, at their discretion, either contact you about the additional fee prior to shipping or cancel your order
and notify you of such cancellation.
Pricing Tickets sold through our site are from secondary ticket market sellers and are being resold in many cases above the price or
"face value" listed on the ticket. Seats.com and its participating Fulfilling Sellers are not directly affiliated with any performer,
sports team, or venue and we do not act as a primary sale box office.
Seats.com cannot confirm the price of an item until you order; however, the Fulfilling Seller does NOT charge your credit card until
after the ticket has been secured. Despite Seats.com's best efforts, a small number of the items listed on the Site may be mispriced.
If the Fulfilling Seller discovers an item's correct price is higher than the stated price, the Fulfilling Seller will, at their
discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Prices stated on the Site do not include any state or other local taxes that may apply to User's order. All prices are in United States
Dollars (USD) unless otherwise specifically stated.
Credit Card Charges. Seats.com does not handle any aspect of credit card transaction. Seats.com has no access to your credit card
information. Credit card transactions will be handled by the Fulfilling Seller, and their business name, rather than Seats.com, will
be the name appearing on your credit card statement. If you have any questions about charges on your credit card statement, please
contact the Fulfilling Seller directly, or contact us at help@seatdata.com for assistance.
Permitted Use. User agrees that User is only authorized to visit, view and to retain a copy of pages of this Site for User's own
personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for
any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for
User's personal use, unless otherwise specifically authorized by Seats.com to do so. The content and software on this Site is
the property of Seats.com.com and/or its suppliers and is protected by U.S. and international copyright laws.
Links. The Site may reference or link to third party sites throughout the World Wide Web. Seats.com has no control over these sites
or the content within them. Seats.com cannot guarantee, represent or warrant that the content contained in the sites is accurate,
legal and/or inoffensive. Seats.com does not endorse the content of any third party site, nor do we warrant that they will not
contain viruses or otherwise impact User's computer systems. By using the Site to follow a link to another site, User agrees and
understands that User may not make any claim against Seats.com for any damages or losses, whatsoever, resulting from use of the
Site to obtain search results or to link to another site. If User experiences a problem with a link from the Site, please notify
us at help@seatdata.com and we will investigate User's claim and take any actions we deem appropriate in our sole discretion.
Violation of the Terms. Seats.com, in its sole discretion, and without prior notice, may terminate User's access to the Site, cancel
User's ticket order or exercise any other remedy available to it. User agrees that monetary damages may not provide a sufficient
remedy to Seats.com for violations of these terms and conditions and User consents to injunctive or other equitable relief for such
violations. Seats.com may release User information if required by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. Seats.com is not required to provide any refund to User if you are terminated
as a user of this Site.
Copyright Policy. All text, graphics, files, applets, scripts, software and other works on the Site are the copyrighted works of G2 Web, Inc.
All Rights Reserved. Any unauthorized redistribution or reproduction of any copyrighted materials on the Site is strictly prohibited.
Seats.com, SeatData.com, www.Seats.com and www.SeatData.com.com are protected marks of G2 Web, Inc.
Seats.com reserves the right to terminate the privileges of any User who uses this Site to unlawfully transmit or receive copyrighted
material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright
holder or its agent to us, and confirmation through court order or admission by the User that they have used this Site as an instrument
of unlawful infringement, we will terminate the infringing Users' rights to use and/or access to this Site. We may, also in our sole
discretion, decide to terminate a User's rights to use or access to the Site prior to that time if we believe that the alleged
infringement has occurred.
Disclaimers. Seats.com MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE
SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. Seats.com
MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.
Seats.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. Seats.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER
BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OF OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE.
Seats.com DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, Seats.com USERS, ADVERTISERS AND/OR
SPONSORS ON THE SITE, IN CONNECTION WITH THE Seats.com SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE Seats.com SERVICE.
Seats.com IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET SELLER, VENUE, PERFORMER, PROMOTER OR
OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Seats.com be liable to User for
any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if Seats.com has been
advised of the possibility of such damages.
Disputes. If there is any dispute about or involving the Site, by using the Site, User agrees that the dispute will be governed by the
laws of the State of Nevada without regard to its conflict of law provisions. User agrees to personal jurisdiction by venue in the
state and federal courts of the State of Connecticut, City of Hartford.
Indemnity. User agrees to indemnify and hold Seats.com, its subsidiaries, affiliates, officers, agents and other partners and employees,
harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out
of User's use of the Site, including also User's use of the Site to provide a link to another site or to upload content or other
information to the Site.
Registration. Certain areas of the Site may be provided solely to registered Users of the Site. Any User registering for such access
agrees to provide true and accurate information during the registration process. Seats.com reserves the right to terminate the access
of Users should Seats.com know, or have reasonable grounds to suspect that a User has entered false of misleading information during
the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of eighteen (18) shall
not be permitted to register. Seats.com reserves the right to require proof of legal age.
User Account. User may select a username and password as part of the registration process. User account pages are NOT protected with
Secure Socket Layer (SSL) encryption. User is fully responsible for maintaining the confidentiality of their username and password.
User agrees to immediately notify Seats.com at help@seatdata.com should User know, or have reasonable grounds to suspect, that the
username or password have been compromised. Seats.com shall not be responsible for User's failure to abide by this paragraph.
Seats.com may, in its sole discretion, terminate the User's account for any reason. Under no circumstances shall Seats.com be liable
to any User or third party for termination of a User's account.
Third Party Advertisers. Seats.com may allow third party advertisers to advertise on the Site. Seats.com undertakes no responsibility
for User's dealings with, including any on-line or other purchases from, any third party advertisers. Seats.com shall not be responsible
for any loss or damage incurred by User in its dealings with third party advertisers.
|
|