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Strongtooth, Inc. provides this website and related services subject to the following
terms and conditions. Please read the following information carefully as use of
this site implies an agreement to abide by and be bound by these terms and conditions.
Seatsnapper.com is a service for searching for tickets that are currently being
offered for sale in the secondary market, and is owned and operated by Strongtooth,
Inc. ("Strongtooth"). By using the Seatsnapper.com website (the "Website") you agree
to be bound by these Terms of Use (this "Agreement").
This Agreement sets out the legally binding terms of your use of the Website and
your membership in the service provided by Strongtooth through the Website (the
“Service”) and may be modified by Strongtooth from time to time, such modifications
to be effective upon posting by Strongtooth on the Website.
The Website is a service you can use to find tickets that are being resold for events.
It is a search service, and once finding event tickets that you are interested in,
you can then click through to the respective seller’s website in order to purchase
or bid on the ticket offerings. The Website also provides a Member section
whereby Members can post content to the website in the form of a profile and inter-member
communications. This service is at the sole discretion of Strongtooth and
can be discontinued at any time with or without notice, as well as individual membership
accounts deactivated by Strongtooth at its sole discretion with or without notice.
1. Service. The Service facilitates the buying and selling of tickets where the
Website connects people that want to buy a ticket of a specific nature (“Buyers”)
with people that want to sell the same types of tickets (“Sellers”). The Buyers
are users of the Website, and the Sellers are entities that Strongtooth contracts
with to supply a ticket inventory. Strongtooth at no time takes possession of the
ticket, but rather acts as a facilitator for the transaction in that it helps the
Buyer find the Seller with offering the tickets the Buyer is interested in. Tickets
listed on the Website are often from secondary ticket market brokers and are being
resold in many cases above the price or "face value" listed on the ticket. The Website
aggregates listings from numerous Sellers and sorts and displays them in a meaningful
way so that it is easy for you to view and mine through the many listings, both
on interactive seating charts, and through the listings of available tickets in
each section. The sorting process is automated, and the Website makes many assumptions
during this process in order to infer the correct placement of the seats in a venue.
Sometimes the Website’s assumptions are wrong, and the seat placement is not where
it is actually in the venue. Sometimes, the layout of the venue displayed is wrong,
and a completely different venue configuration is used for the event. The Website
does its best to minimize these errors, but it is important that when you click
through to a Seller’s website to purchase tickets, you make sure you are purchasing
tickets for seats that are in the position you are satisfied with. You should also
check every other detail of the tickets you purchase (for example, the event date
and time, the venue, the price, etc.) because it may be different to the information
displayed on the Website. Furthermore, Strongtooth has no control over the accuracy
of the information on the Seller’s websites, or of the accuracy of the information
supplied to the Website by the Sellers, and therefore makes no representation that
the information presented on the Website is true or valid. Strongtooth accepts no
liability or responsibility in any way for your purchase through a Seller. Strongtooth
does not engage in any brokering, exchanging, selling or purchasing of tickets,
and is not connected with the performers, teams or venues in any way, and is not
acting as a primary box office. All purchases are therefore done through the Sellers.
SeatSnapper Memberships is a program for facilitating the communication between
like-minded individuals that are interested in attending the same events. It is
a mechanism for business and social networking. We provide a platform for members
to upload content about themselves (including text and photos). When you join the
program you reaffirm your acceptance of these Terms of Use, and the Privacy Policy.
You also agree to only upload content that is your property that you have the right
to transfer. All uploaded content is the property of Strongtooth (including
photos and text) and may be used as Strongtooth sees fit without consulting you.
The SeatSnapper Memberships program allows you to engage people in your profession
or other professions. You do this understanding that it is your obligation to adhere
to any applicable laws, rules, or commitments that you are governed by. Strongtooth
makes no representation that the profile information is accurate of other Members,
and furthermore does not make any representation that it sanctions your communication
with them, and you may be prohibited from communicating with them for reasons that
Strongtooth cannot be aware of (for example, your employer's policy of talking to
competitors about business matters). There are many industry specific, local, state
and federal laws that it is your responsibility to understand and obide by if it
pertains to you.
2. Eligibility. You represent that you are of legal age and ability to form a binding
contract and are not a person barred from receiving services under the laws of the
State of New York, the United States, or any other applicable laws or agreements
you are governed by.
3. Term. This Agreement will remain in full force and effect while you use the Website
and resulting transactions and actions from your use of the Website.
4. Authorized Use of Website. Users may search for tickets through the Website.
Illegal and/or unauthorized uses of the Website, including sending unsolicited email
and unauthorized framing of or linking to the Website will be investigated, and
appropriate legal action will be taken, including without limitation, civil, criminal,
and injunctive redress.
5. Proprietary Rights. Strongtooth owns and retains all proprietary rights in the
Website and the Service, whether or not protected under patent or copyright law.
The Website contains the copyrighted material, trademarks, and other proprietary
information of Strongtooth, and its licensors. Except for that information which
is in the public domain or for which you have been given written permission, you
may not copy, modify, publish, transmit, distribute, perform, display, or sell any
such proprietary information. Without limiting the foregoing, if you believe that
your work has been copied and posted on the Service in a way that constitutes copyright
infringement, please provide our Copyright Agent with the following information:
a description of the copyrighted work that you claim has been infringed; an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest; a description of where the material that you claim is infringing
is located on the Website; your address, telephone number, and email address; a
written 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; a statement by
you, made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the copyright
owner's behalf. To request the address of Strongtooth’s Copyright Agent for notice
of claims of copyright infringement, please email: legal@seatsnapper.com.
6. Content Posted on the Site.
a. You understand that all information, data, text, software, sound, photographs,
graphics, video, messages or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person from which such
Content originated. Strongtooth may review and delete any Content that in the sole
judgment of Strongtooth violates this Agreement or which might be offensive, illegal,
or that might violate the rights, harm, or threaten the safety of Members. However,
you are solely responsible for evaluating the accuracy, completeness, and usefulness
of all Content, some of which may be offensive to you. Strongtooth does not undertake
to monitor, control, or edit Content.
b. You are solely responsible for the Content that you publish or display (hereinafter,
"post") on the Service, or transmit to other Members.
c. You agree to: (a) post true, accurate, current and complete information about
yourself as prompted by the Service's registration form (such information being
the "Registration Data") and (b) maintain and promptly update the Registration Data
to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Strongtooth has reasonable
grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Strongtooth has the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof).
d. By posting Content to any public area of the Website, you automatically grant,
and you represent and warrant that you have the right to grant, to Strongtooth an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy,
perform, display, and distribute such information and content and to prepare derivative
works of, or incorporate into other works, such information and content, and to
grant and authorize sublicenses of the foregoing.
e. The following is a partial list of the kind of Content that is illegal or prohibited
on the Website. Strongtooth reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending communication from the Service
and terminating the membership of such violators. It includes Content that:
• is patently offensive to the online community, such as Content that promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail," "chain letters," unsolicited or unauthorized
advertising, promotional materials, "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation;
• promotes information that you know is false, misleading or promotes illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
• provides material that contains software viruses 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;
• solicits passwords or personal identifying information for commercial or unlawful
purposes from other users;
• promotes an illegal or unauthorized copy of another person’s copyrighted work,
such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
• contains restricted or password only access pages, or hidden pages or images (those
not linked to or from another accessible page);
• provides material that exploits people under the age of 18 in a sexual or violent
manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating computer
viruses; and
• engages in commercial activities and/or sales without our prior written consent
such as contests, sweepstakes, barter, advertising, and pyramid schemes.
f. You must use the Service in a manner consistent
with any and all applicable laws and regulations. You agree to not use the Service
to:
• impersonate any person or entity, including, but not limited to, a Strongtooth
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
• interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of networks
connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national
or international law;
• 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;
• "stalk" or otherwise harass another; or
• collect or store personal data about other users.
g. You may not include in the public content that you post any telephone numbers,
street addresses, last names, or email addresses.
h. You may not engage in advertising to, or solicitation of, other Members through
the Service to buy or sell any products outside of those products individually posted
on the Website. You may not transmit any chain letters or junk email to other Members.
Although Strongtooth cannot monitor the conduct of its Members off the Website,
it is also a violation of these rules to use any information obtained from the Service
in order to harass, abuse, or harm another person, or in order to contact, advertise
to, solicit, or sell to any Member without their prior explicit consent. In order
to protect our Members from such advertising or solicitation, Strongtooth reserves
the right to restrict the number of emails which a Member may send to other Members
in any 24-hour period to a number which Strongtooth deems appropriate in its sole
discretion.
7. Security. During the Service’s registration process you will choose an available
username and password. You are responsible for maintaining the confidentiality of
the password and account, and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify Strongtooth
(through the email legal@seatsnapper.com) of any unauthorized use of your password
or account or any other breach of security, and (b) ensure that you logout from
your account at the end of each session. Strongtooth cannot and will not be liable
for any loss or damage arising from your failure to comply with this section.
8. Privacy. Use of the Website and/or the Service is also governed by our Privacy
Policy.
9. Disclaimers. You expressly understand and agree that:
a. Strongtooth is not responsible for any incorrect or inaccurate Content posted
on the Website or in connection with the Service, whether caused by inaccurate data
provided by Sellers, by any of the equipment or programming associated with or utilized
in the Service, or any other cause.
b. Strongtooth does not undertake to monitor, control or edit any posted Content.
c. Strongtooth assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access to, or alteration of, user communications
(e.g. emails sent through the Website).
d. Strongtooth is not responsible for any problems or technical malfunction of any
telephone network or lines, computer online systems, servers or providers, computer
equipment, software, failure of email or players on account of technical problems
or traffic congestion on the Internet or at any Website or combination thereof,
including injury or damage to users or to any other person's computer related to
or resulting from participating or downloading materials in connection with the
Website and/or in connection with the Service.
e. Under no circumstances will Strongtooth be responsible for any loss or damage,
including personal injury or death, resulting from anyone's use of the Website or
the Service, any Content posted on the Website or transmitted to users, or any interactions
between users of the Website, whether online or offline.
f. The Website and the Service are provided "AS IS" and “AS AVAILABLE” and Strongtooth
expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
Strongtooth cannot guarantee and does not promise any specific results from use
of the Website and/or the Service.
10. Limitation on Liability. Except in jurisdictions where such provisions are restricted,
in no event will Strongtooth be liable to you or any third person for any indirect,
consequential, exemplary, incidental, special or punitive damages, including also
lost profits arising from your use of the Website or the Service, even if Strongtooth
has been advised of the possibility of such damages. Notwithstanding anything to
the contrary contained herein, Strongtooth’s liability to you for any cause whatsoever,
and regardless of the form of the action, will at all times be limited to the amount
earned by Strongtooth, if anything, by your actions using the Service for the particular
session in question.
11. Local Compliance. Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable Content (e.g.
in emails sent through the Website). Specifically, you agree to comply with all
applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
12. Disputes. If there is any dispute about or involving the Website and/or the
Service, by using the Website, you agree that the dispute will be governed by the
laws of the State of New York without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and federal courts
of the State of New York, City of New York.
13. Indemnity. You agree to indemnify and hold Strongtooth, its subsidiaries, affiliates,
officers, agents, and other partners and employees, harmless from any loss, liability,
claim, or demand, including reasonable attorney's fees, made by any third party
due to or arising out of your use of the Service in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your representations
and warranties set forth above.
14. Statute of Limitations. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the Service
or this Agreement must be filed within one year after such claim or cause of action
arose or be forever barred.
15. Other. This Agreement, accepted upon use of the Website, contains the entire
agreement between you and Strongtooth regarding the use of the Website and/or the
Service. If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect.
16. TicketNetwork Direct. Tickets purchased through SeatSnapper.com are facilitated
by our partner TicketNetwork, a Ticket Software LLC Company. Such transactions
are governed by the following set of policies, in addtion to those above:
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General
The Service acts as an intermediary between buyers and ticket brokers to facilitate
the purchase and sale of event tickets and as such, is not directly involved in
the actual ticket sale transaction between the buyers and ticket brokers. The following
are the rules or "Terms" that govern use of the SeatSnapper.com Web site ("Site")
by you, the user of the Site. By using or visiting the Site, you expressly agree
to be bound by these Terms and to follow these Terms and all applicable laws and
regulations governing the Site. The Service.com reserves the right to change these
Terms at any time, effective immediately upon posting on the Site. If you violate
these Terms of Use, the Service.com may terminate you access to the Site, bar you
from future use of the Site, cancel your ticket order, and/or take appropriate legal
action against you.
Orders
Orders through the Service will be fulfilled by one of our network of participating
brokers. Contact information for the broker who fulfills your order (Fulfilling
Broker) will be provided to you during the purchase process. If you lose this information
you may contact the Service@ticketnetwork.com to get information about the order.
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, you will need to contact the
Fulfilling Broker for a refund. The Fulfilling Broker may require you to return
the supplied tickets at your expense before receiving any refund you may be entitled
to due to cancellation. The Service is not responsible for providing or securing
this refund for you. Any shipping and handling charges are not refundable. Neither
the Service nor the Fulfilling Broker will issue exchanges or refunds after a purchase
has been made or for lost, stolen, damaged or destroyed tickets. When you receive
tickets, you 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, and you have chosen to be automatically
upgraded, the Fulfilling Broker will fill the order with the alternative seat locations.
If you are automatically upgraded, your credit card will be charged at the time
the order is received and you will be contacted for notification of the new seat
locations. If you have not chosen to be automatically upgraded, a representative
from the Fulfilling Broker may contact you to discuss alternative seat locations,
and your credit card will not be charged until we have received permission from
you to fill your order with alternative seat locations.
In Order to protect our users from fraud, a user may be required 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 via
your chosen shipping method to the billing address of your credit card (no exceptions).
Most orders are processed 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 Broker will contact you 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. All
shipments 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 Broker after the order is placed to use the International Rate.
If you specify a shipping address that does not allow for Delivery Verification,
such as a Post Office Box, you may be required to pay an additional fee to cover
the additional risks associated with this type of order. If such a shipping address
is used, the Fulfilling Broker will, at their discretion, either contact you about
the additional fee prior to shipping or cancel your order and notify you of such
cancellation.
Tickets sold through our site are from secondary ticket market brokers and are being
resold in many cases above the price or "face value" listed on the ticket. The Service
and its participating brokers are not directly affiliated with any performer, sports
team, or venue and we do not act as a primary sale box office.
The Service cannot confirm the price of an item until you order, however, the Fulfilling
Broker does not charge your credit card until after the ticket has been secured.
Despite the Services best efforts, a small number of the items listed on the Site
may be mispriced. If the Fulfilling Broker discovers an item's correct price is
higher than the stated price, the Fulfilling Broker 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 your order. All prices are in United States Dollars (USD) unless otherwise
specifically stated.
Credit Card Charges
If TicketNetwork Direct is the broker handling your order, the name TicketNetwork
Direct will appear on your credit card statement rather than SeatSnapper.com. If
another broker is handling your order, their business name rather than SeatSnapper.com
will be the name appearing on your statement. If you have any questions about charges
on your credit card statement feel free to contact us at the Service@ticketnetwork.com.
Violation of the Terms
The Service, in its sole discretion, and without prior notice, may terminate your
access to the Site, cancel your ticket order or exercise any other remedy available
to it. You agree that monetary damages may not provide a sufficient remedy to the
Service for violations of these terms and conditions and you consents to injunctive
or other equitable relief for such violations. The Service may release you information
if required by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. The Service is not required
to provide any refund to you if you are terminated as a user of this Site.
Registration
Certain areas of the Site are provided solely to registered users of the Site. Any
you registering for such access agree to provide true and accurate information during
the registration process. The Service reserves the right to terminate the access
of users should the Service 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. The Service reserves the right
to require valid credit card information as proof of legal age. The Service maintains
a strict online Privacy Policy and will not sell or provide you credit card information
to third parties.
Your Account
You will select a username and password as part of the registration process. All
you account pages are protected with Secure Socket Layer (SSL) encryption. You are
fully responsible for maintaining the confidentiality of their username and password.
You agree to immediately notify the Service at the Service@ticketnetwork.com should
you know, or have reasonable grounds to suspect, that the username or password have
been compromised. The Service shall not be responsible for your failure to abide
by this paragraph. The Service may, in its sole discretion, terminate the your account
for any reason. Under no circumstances shall the Service be liable to any you or
third party for termination of a user’s account.
Third Party Advertisers
The Service may allow third party advertisers to advertise on the Site. The Service
undertakes no responsibility for your dealings with, including any on-line or other
purchases from, any third party advertisers. The Service shall not be responsible
for any loss or damage incurred by you in its dealings with third party advertisers.
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This Agreement was last updated on October 20, 2006. Please contact us at legal@seatsnapper.com with any questions
regarding this agreement. Seatsnapper.com is a servicemark of Strongtooth, Inc. |
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