Terms and Conditions
1. Global Terms
1.1 seatsnet's online ticket exchange (the "Site"). These Terms and Conditions (including any documents referred to in it) ("Agreement") list the terms of the agreement between you and Tix 4 Us Inc ("seatsnet" or "We" or "Us") for the buying and selling of tickets ("Tickets"), and all other services that We provide (the "Services"). By using our Site, You agree to accept this Agreement.
1.2 Modification. If We change this Agreement, We shall post a revised version of this Agreement, which shall automatically replace the terms of this Agreement. The revised version of this Agreement is automatically effective after it is initially posted on the Site. Your continued use of the Site and the Services following seatsnet's posting of a revised Agreement will constitute your acceptance of the revised Agreement. If You do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services or this Site.
1.3 Requirements. To be a buyer or seller of this Site, You must agree to accept the terms in this Agreement. You may only use the Services if You can legally enter into and form binding contracts. If You do not qualify, do not use the Services.
2. Ticket marketplace
2.1 Seatsnet is a ticket marketplace that allows registered users to buy (in this capacity, "Buyer") and sell (in this capacity, “Seller”) Tickets. The Seller (and not seatsnet) sets the prices for the Tickets. As a marketplace, Seatsnet does not own the Tickets sold on the Site. Ticket prices may exceed the face value of the Ticket.
2.2 While Seatsnet may provide pricing, shipping, listing and other guidance on the Site, such guidance is solely informational (without any warranty as to accuracy). Also, while we may help facilitate the resolution of disputes between Buyer and Seller and provide the seatsnet Guarantee, Seatsnet has no control over and does not guarantee the existence, quality, safety or legality of the Tickets; the truth or accuracy of the user’s content or listings; the ability of Sellers to sell tickets or Buyers to pay for them; or that a Buyer or Seller will complete a transaction.
3. seatsnet Guarantee.
When You purchase tickets on seatsnet, seatsnet guarantees that You will receive the tickets You paid for in time for the event. In the rare instance that a problem arises and the original ticket Seller does not provide you with the tickets listed for sale, seatsnet will, in its sole and absolute discretion, review comparably priced tickets and offer You replacement tickets at no additional cost, or seatsnet will issue You a refund for the cost of the tickets. "Comparably priced" replacement tickets are determined by seatsnet in its sole and absolute discretion. When You sell tickets on seatsnet, provided you provide the exact tickets listed for sale and the ticket Buyer successfully gains entry to the event, seatsnet guarantees that you will be paid for your sale.
4. Your account
4.1 In order to list, sell or purchase Tickets you must register an account ("Account") with Seatsnet. You must be at least 18 years old and must be able to enter into legally binding contracts. If you are registering with Seatsnet for a business entity, you represent that you have the authority to legally bind that entity.
4.2 When opening an Account you must provide complete and accurate information ( real name, address, phone number, and email address ) and provide us with a valid credit card, debit card ("Payment Method"). If your registration or payment information changes at any time, you must promptly update your details in your Account. You acknowledge that Seatsnet may charge any one of your payment methods on file for amounts you owe us, costs we incur or other losses arising out of your violation of this Agreement (including the Additional Policies).
4.3 Seatsnet reserves the right to temporarily or permanently suspend Accounts with incomplete or inaccurate information.
4.4 You are solely responsible for maintaining the confidentiality of your Account information and password. You are solely responsible for any activity relating to your Account. Your Account is not transferable to another party.
5. Privacy and Communications
All communications between you and Seatsnet (including our service providers, are subject to our User Privacy Notice.
In addition, if you reside in the United States, you understand and agree that we may, without further notice or warning and in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. Not all telephone lines or calls may be recorded by Seatsnet so we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
6. Fees and other charges
6.1 Seatsnet may charge fees for selling and/or buying Tickets through our Site and/or otherwise using our Services, as well as delivery or fulfilment fees (collectively referred to as "Service Fees"). Service Fees may vary depending on event type, Ticket type and location. Seatsnet may in its sole and absolute discretion change its Service Fees at any time, including after seller list his Tickets. Any applicable Service Fees including any taxes if applicable will be disclosed to seller prior to listing or to buyer before buying a Ticket. Seatsnet may charge and/or retain Service Fees if you do not fulfil your contractual obligations under this terms and condition Agreement.
6.2 If you as a Seller do not fulfil your contractual obligations under this terms and condition Agreement , Seatsnet may charge you certain fees and/or costs in accordance with the Seller Policies as specify in this terms and condition agreement.
6.3 If you as a Buyer change your postal address after you have purchased your Ticket(s) and require Seatsnet to deliver your Ticket(s) to this new postal address, or if you have specified an incorrect postal address, Seatsnet may charge you for any additional delivery costs which arise out of re-arranging the delivery of your Ticket(s) to the new or correct postal address. Such additional delivery costs may be charged to your Payment Method.
6.4 We may collect amounts owed using a collection agency or other collection mechanism and you may be charged fees associated with collecting the delinquent payments. Seatsnet, or the collection agency it retains, may also report information about your account to credit bureaus, and as a result, defaults in your account may be reflected in your credit report. If you wish to dispute the information Seatsnet reported to a credit bureau, please contact Seatsnet. If you wish to dispute the information a collection agency reported, contact the collection agency directly.
7. Selling tickets
7.1 Seller must comply with all applicable laws and regulations and the terms of this terms and conditions Agreement when listing, selling and delivering your Tickets.
7.2 When listing a Ticket you must set a price for which you are willing to sell your Ticket ("Sales Price"). You may modify (e.g. raise or lower the Sales Price) or delete your listing at any time until the Tickets have sold.
Seller need to provides information including but not limited to the event, date, section, seat, and row, and sale end date, all in accordance with the process outlined in the help pages.
7.3 By listing a Ticket for sale, you are making a binding offer to sell that Ticket to a Buyer who purchases the Ticket at the Sales Price. When a Buyer accepts your offer by purchasing your Ticket through our Site, you are contractually bound to deliver that exact Ticket for Sales Price and within the required delivery timeframe. You are obligated to monitor your inventory and ensure all listings are accurate. Under no circumstances may Sellers cancel orders at one price and repost the same tickets for a higher price. Failure to fulfill your orders will lead to charges as stated in this terms and conditions Agreement and all Seller Policies as specify in this terms and conditions agreement.
7.4 Seatsnet does not guarantee that your tickets or related passes will sell or that your listing will appear on the Site within a certain time after it is posted or in a particular order on the event page or through search results. Seatsnet will not, for any reason, provide compensation for tickets that do not sell, even if it is due to Site unavailability from an outage or maintenance or listing delays.
Seller must provide a valid credit or debit card. You also grant Us a non-exclusive, transferable, worldwide, paid-up, royalty-free right and license to reproduce, modify, adapt, publish and display on the Site and on the sites of our marketing partners your descriptions of tickets listed for sale. This is so we can promote the sale of tickets and items that You list for sale.
You as a Seller are responsible for determining whether any taxes are due on your sale of a Ticket, and for collecting and remitting such taxes. Any applicable taxes must be included in the Sales Price of your Ticket. You agree to provide Seatsnet with your Social Security Number or other tax identification number if necessary for Seatsnet to provide (without notice to You) information to the relevant tax authorities related to payments you receive from us and further authorize Seatsnet to release that information to the relevant tax authorities. Note that this is separate from any Tax seatsnet is required to charge on its services fees. The Service Fees include any applicable sales, use, excise, value added, service and other indirect taxes.
9. Buying tickets
You are responsible for reading the complete listing before making a commitment to buy Tickets. When placing an order, you are entering into a binding contract with the Seller to purchase those Tickets. Additional terms communicated to you by the Seller may apply. Seatsnet will charge the Buyer the full order amount. This Payment is disconnected from the seller. All Sales are final. Except for cancelled events, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. Please note this does not include any sales or value added tax that may be payable on seatsnet’s fees. As a Buyer, You grant seatsnet permission to charge your credit card, debit card, PayPal account, or bank account for the purchase of the selected tickets.
10.1 Payments received from Buyers for Tickets purchased via the Site are processed by Seatsnet or Seatsnet Third party services on behalf of the Seller and credited to the Seller in accordance with the Seller Policies under this terms and conditions (as applicable). Without prejudice or limitation Seller appoints the relevant Seatsnet entity as its limited payment collection agent solely for the purpose of accepting funds from Buyers on behalf of Seller. Seller agrees that any payment made by Buyer to Seatsnet shall be considered the same as a payment made directly to Seller, and Seller will make the Tickets available to Buyer in the agreed-upon manner as if Seller had received the payment directly from Buyer. Seller understands that Seatsnet’s obligation to pay Seller is subject to and conditional upon successful receipt of the associated payments from Buyer. Except as otherwise specified in the ticket fulfillment clauses, Seatsnet guarantees payments to Seller only for such amounts that have been successfully received by Seatsnet from Buyer. In accepting appointment as the limited payment collection agent of seller, Seatsnet assumes no liability for any acts or omissions of the Seller.
10.2 Payments from Buyers are due and payable immediately. A Buyer can pay the full order amount which includes any applicable Service Fees and taxes using one of the accepted payment methods.
10.3 A Buyer’s obligation to pay for a Ticket is satisfied when Seatsnet or Seatsnet third party Services has received the Payment in full.
11. Ticket Fulfillment.
Once the Seller lists tickets for sale, the Buyer purchases these tickets, the Seller is responsible for completing the transaction with the exact tickets the Seller has listed. Tickets sales must be fulfilled via the delivery method indicated at the time of sale directly to the Buyer and no later than the shipping deadline communicated to the seller at the time of sale (“Must Deliver By Date”).
If the Seller lists tickets for sale, and then is unable to deliver the exact tickets listed, seatsnet reserves the right to cancel the Seller’s sale, find replacement tickets for the Buyer and the Sellers may be subject to a replacement fee, other charges, and/or other consequences, as specified in Section 25. Invalid tickets: If buyers are refused entry to the venue as a result of invalid tickets we may refund the buyer at any time. Invalid tickets are defined as anything where buyers are refused entry. We will collect proof where this is possible but in some cases seatsnet reserves the right to refund the buyer and not pay the seller even if proof of non entry is not presented. In the event that an event is cancelled or re-scheduled, seatsnet reserves the right to cancel a seller’s transaction. If for any reason your tickets are returned to Us or cannot be delivered We will attempt redelivery up to a maximum of three times. We endeavour to rearrange delivery with the customer or arrange a collection point. If this is also unsuccessful We will not offer a refund. We attempt to ensure all tickets are delivered in time for the event, time scale permitting We may require a venue or box office collection (‘pick-up’).
12. Seller Payment.
The Seller will be paid 14 days after event if the delivery of the tickets was successful to the buyer. We reserve the right to withhold payment if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement.
13. Ticket Information.
Event dates, times, venues and subject matter, which are listed on the ticket, may change. It is up to the Buyer to verify the most recent changes by contacting the box office or referring to official listings for any changes.
14. Substituted Seat Locations.
Ticket listings are a representation of actual seat location. Tickets may be substituted with comparable or better seat locations without the Buyers’ approval.
15. Buyer Claims.
If You receive tickets from the Seller that are not the tickets you ordered or tickets that are invalid and not honoured at the venue, we strongly advise you to Contact Us to report the issue. Issues must be reported within 7 days after receiving the tickets or maximum 48 hours after the event date, otherwise this will no longer be covered by the seatsnet Guarantee. Should you experience problems with your tickets on the day of the event you must contact seatsnet within 48 hours of the incident to report the issue. In certain circumstances, you may be required to complete a Dispute Claim Form and provide additional information in order to claim a refund. Forms must be returned to seatsnet 5 working days after receiving them, in order to apply for a refund. seatsnet reserves the right to prohibit anyone who brings a fraudulent claim from having further access to our website.
16. Season Cards.
In the event that the Buyer fails to return a Season Card to seatsnet or to the seller within 24 hours of the event concluding, the Buyer agrees that seatsnet may charge an additional “failure to return fee” of €200 per season card that is not returned to the payment method that was used to purchase the tickets. This charge is in addition to the amount originally paid for the tickets.
17. Merchant Description.
A payment to seatsnet will appear on the Buyer’s payment method statement as “SEATSNET TICKETS”.
18. Accurate Descriptions.
For all tickets You list as the Seller, You warrant that Your descriptions of the tickets accurately detail and describe the tickets offered for sale. You also warrant that you own the tickets and are authorized to transfer or resell the tickets. In the event you are reselling tickets for commercial reasons, you warrant that you have the right to do so.
19. Other Information.
You represent and warrant that any information You provide to us, to other members, or to visitors of the Site (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
20. Laws and Regulations.
You warrant that You will comply with all applicable local, regional, country and international laws, statutes and regulations regarding use of the Site and selling value of the tickets. You warrant that you are over 18 years old and have the legal capacity to make the transaction.
You agree to indemnify and hold seatsnet and (if applicable) any parent, subsidiaries, affiliates, officers, directors, attorneys, agents and employees, harmless against all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by seatsnet and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents, attorneys and employees that arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site.
22. Double Posting and Removal of Tickets.
To post a ticket for sale on seatsnet You must first register with the Site. Once a ticket is posted, We strongly discourage posting that ticket for sale elsewhere. If You do post your ticket for sale on other marketplaces, you are required to remove your ticket from the Site immediately if your ticket sells elsewhere. Except as provided herein, You agree not to promote the sale of tickets posted on seatsnet through any other site. We reserve the right to prohibit users from posting tickets on seatsnet if they are not able to provide the exact tickets they posted on seatsnet.
23. Stolen Property.
The sale of stolen property on seatsnet is strictly forbidden, and violates local, country and international law. seatsnet strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on seatsnet. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
24. Sellers Shall Not Include Promotional Material with Tickets.
The Buyer name and address is provided to Sellers for the sole purpose of delivering the specific purchased ticket(s) and may not be used by the Seller for any other purpose, either in connection with such delivery(ies) or separately from such delivery(ies). You agree not to include in your delivery to the Buyer any promotional or other commercial material that is not provided or approved by seatsnet, other than a VAT invoice if relevant and if requested by the Buyer and seatsnet. This includes, without limitation, material that announces a website or invites the Buyer to visit a website other than seatsnet, catalogues, business cards, business reply cards, bookmarks, coupons, flyers, solicitations or other marketing or advertising material. Including any such items constitutes a material breach of these terms and conditions. You also agree not to separately contact the Buyer at any time for any reason. Note that Your payment may be withheld if you violate this clause.
We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation providing Us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, and the price You paid for a ticket.
25.2 Violations, Termination and Suspension.
We may take any action that We deem appropriate in our sole discretion including without limitation issuing a warning, suspending or terminating service, denying access, removing a listing or recommending You edit a listing. You agree that payments owing to You for sales made through this Site may be suspended or delayed and that We are not obligated to pay You for any sales if We have a good faith basis to believe such sales were unlawful or otherwise made in material violation of this agreement. On termination, Your items may be de-listed if You are a Seller and Your purchases may be cancelled if you are a Buyer.
25.3 Disclosure of Information.
You agree that We may report any activity that We suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
25.4 Making Adjustments.
If (a) a sale is cancelled for any reason; (b) we reasonably believe that you have committed fraud or other illegal act or omission during any buying or selling activity; (c) subject to the exceptions, you aren't able to deliver the exact seats that you listed on the Site or send the tickets (and related passes if any) on or before the Must Deliver By Date or you otherwise fail to fulfill the sale of your tickets or related passes; (d) you send incorrect, misrepresented, invalid, fraudulent or counterfeit tickets or related passes for any sale or portion of a sale; (e) You otherwise owe seatsnet a specific amount; or (f) You otherwise breach this Agreement or owe Us a specific amount, then you authorize seatsnet to withhold payment or charge your Payment Method any amount you owe us and all costs seatsnet incurs due to your conduct, including but not limited to, a late shipment fee or late delivery fee, reprinting fee, shipping re-routing charges, the cost of replacement tickets or related passes, coupons, gift certificates, refunds, and other costs required to compensate the Buyer or Seller for his or her bad experience, with a minimum charge of 30 Euro per ticket (or the equivalent in their listing currency). We may also first deduct any amount you owe us from any amount we owe you. Closing of accounts or opening and maintaining more than one account does not alter your total liability to us, and we may combine amounts due to us from multiple accounts.
26. Event cancellations, postponement and other event changes
26.1 Cancellation: If an event is cancelled and not rescheduled, we will remove the event and any listings related to the event from our Site and inform both Buyer and Seller about the cancellation with further instructions. If the Seller requires his Ticket(s) back to obtain a refund of the original purchase price from the promoter or organizer, he must contact Customer Service immediately after the cancellation. The Buyer is required to retain the Ticket(s) and upon request from Seatsnet to send them back to either the Seller or to Seatsnet (as instructed by Seatsnet). The Buyer will receive only a refund of the face value as specify on the ticket(s) once he has sent back the Ticket(s) (if applicable) and the Seller will not be paid. If the Seller has already been paid, the payment for the sale may be recovered by charging the Seller's Payment Method or by setting off this amount against pending payments for other Tickets the Seller has sold or will sell in the future.
26.2 Postponement: If an event is postponed, Seatsnet will work with Buyers and Sellers on a case-by-case basis attempting to resolve any Ticket issues. Sellers are prohibited from reselling, invalidating or changing Tickets for postponed events. Refunds will not be issued for postponed events, unless they are ultimately cancelled as stated above.
26.3 Other event changes: Seatsnet is not responsible for partial performances, venue, line-up or time changes. No refunds will be issued in these instances.
27. International transactions
27.1 Many of our Services are accessible to international Sellers and Buyers. We may offer certain programs, tools, and site experiences of particular interest to international Sellers and Buyers, such as estimated local currency conversion.
27.2 Your Ticket listing may appear on one or more of Seatsnet’s international Sites (including the original Site in which you listed your ticket). Sellers and Buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of Tickets. If you are a consumer seller and do not wish your Ticket listing to be visible internationally, you will need to remove your listing from our Site.
27.3 A Ticket to an event taking place in another location from the location of the Site that you listed or bought your Ticket on, or Site that you registered or accessed to sell or purchase your Ticket on (together “Local Site” ) is defined as an “International Event” . You may be subject with respect to that particular sale or purchase to certain Additional Policies of the Site that relate to the location of the International Event.
27.4 As a Buyer, if you are purchasing a Ticket from your Local Site to an International Event, information relating to the Ticket and/or the event may differ to the information that you may receive on your Local Site, as information requirements may vary according to local laws.
27.5 As a Seller, if you are selling a Ticket from your Local Site to an International Event, (i) information required by Seatsnet relating to the Ticket and/or the International Event may differ from the information that you may provide on your Local Site, as information requirements may vary according to local laws, and (ii) you may be required to list the Ticket in the currency of the location of the International Event and your payment service provider may convert the Ticket price and apply additional charges.
27.6 To assist users who speak different languages, you authorize us to translate (or use tools to translate) your content related to your Ticket listing, in whole or in part, into local languages where such translation solutions are available. The accuracy and availability of any translation are not guaranteed.
27.7 Where as a Seller your Ticket listing appears on one or more of Seatsnet’s international Sites, we may as part of our Services display the price of your Ticket in one or more currencies (we reserve the right not to display your Ticket Sales Price in the currency related to the Local Site in which you listed Your Ticket), such information will be provided for informational purposes only (without any warranty as to accuracy) and the Buyer will be required to pay for any such Ticket in the currency applicable to the event.
27.8 In order to promote Ticket listings and increase their exposure to potential Buyers, listings may also be displayed on other Seatsnet, must or third-party websites and mobile application and within emails and onsite advertisements.
28.1 No Warranty.
Except for the express warranties stated in this agreement, seatsnet provides the software, site and services on an "as is" basis and "as available" basis without any warranties of any kind. seatsnet makes no warranty with respect to its software, any tickets, any event, the services seatsnet provides, or that sellers or buyers will perform as promised, and seatsnet expressly disclaims all such warranties, whether express, statutory or implied, including without limitation any warranties of quality, title, non-infringement of third party rights or fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, so the above exclusion may not apply to you.
28.2 Waiver of Consequential Damages; Liability Limit.
seatsnet expressly disclaims any responsibility for any lost profits or special, consequential, incidental, or exemplary damages (including without limitation indirect and special damages) that may result from the services, the site, or the suspension, termination or malfunction of the services or the site. seatsnet's liability to You or anyone else in any circumstance is limited to the lesser of (a) $30, and (b) the total value of all tickets and other items you bought and/or sold via seatsnet during the action allegedly giving rise to liability. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions or limitations may not apply to you. Under no circumstances is seatsnet liable for any additional costs You incur if you purchase tickets from a third party for tickets you were unable to purchase on seatsnet.
28.3 Allocation of Risk.
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent reasonable allocations of risk, and that the pricing and other terms and conditions of this agreement reflect such allocations of risk.
28.4 Release and indemnification
28.4.1 We are not involved in the actual transactions between Buyers and Sellers. If You have a dispute with one or more Sellers or Buyers, You release and covenant not to sue seatsnet and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
28.4.2 You agree to indemnify and hold us and (if applicable) our parent, subsidiaries, affiliates, and our and their respective officers, directors, attorneys, agents, employees, licensors and suppliers (the "Seatsnet Indemnitees") harmless against any claim or demand and all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by us and (if applicable) any Seatsnet Indemnitee resulting from or arising out of your breach of this Terma and conditions, your improper use of our Site or Services, and/or your violation of any law or the rights of a third party.
28.5 Tax Indemnity.
You agree that seatsnet is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold seatsnet and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by seatsnet that arise out of any third party or governmental claim that involves, relates to or concerns (i) any local, regional, country, or international tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of seatsnet.
28.6 No Agency.
You and seatsnet are independent contractors, and no agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement.
28.7 Third Party Information.
We do not control the information provided by other users which is made available through the Site. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution when using the Site and remember that there are risks of dealing with people acting under false pretences. By using this Site, You agree to accept such risks and agree that seatsnet is not responsible for the acts or omissions of users on the Site.
28.8 All Sales are Final.
All sales and bids are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets.
28.9 Change or Suspension of Site.
seatsnet reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that We shall not be liable to You or any third party for any modification, suspension or discontinuance of the Site or any Services under this agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our Site may be interfered with by numerous factors outside of our control. In addition, the Site could be unavailable during certain periods of time while it is being updated and modified. During this time, the Site will be temporarily unavailable.
Except as expressly stated otherwise, all notices to seatsnet shall be sent through the email form provided on the Site under the Contact Us link. Our address is 175 SW 7th street, Miami, 33130, FL, USA. Except as expressly stated otherwise, all notices to You shall be sent to the email address You provided to us during the registration process. Such notice shall be deemed given one business day after the email is sent.
28.11 Permitted use.
You are not permitted to use this website other than for the following, private, non-commercial purposes: (i) viewing this website; (ii) buying and/or selling tickets on this website; (iii) viewing transaction details; and (iv) making use of other facilities that may be provided by this website.
The use of automated systems or software to extract data from this website for commercial purposes, (“screen scraping”) is strictly prohibited.
29.1 Ownership of Intellectual Property.
You acknowledge and agree that (i) our patents, trade marks, trade names, service marks, copyrights and other intellectual property (collectively, "Intellectual Property") is and shall remain our sole property, and (ii) nothing in this agreement shall confer in You any right of ownership or license rights in our Intellectual Property. In addition, You shall not now or in the future contest the validity of seatsnet's Intellectual Property.
Copyright (c) 2018-2019, Tix 4 Us AG. The software and the Site, including without limitation all text, graphics, logos, buttons, images, audio clips, and computer programs, are the property of seatsnet or its suppliers, and are protected by country and international copyright, trademark and other intellectual property laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of seatsnet and protected by country and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.
30. Term and termination
30.1 This Terms and Conditions shall commence on the date that you register an Account with Seatsnet and will continue for an indefinite period unless terminated in accordance with these provisions.
30.2 You may terminate this Terms and Conditions at any time by contacting Customer Service. In the event that you request that we close your Account, we will treat your request as termination of this Terms and Conditions. Without limiting our rights according to Clause 17, we may terminate this Terms and Conditions at any time by giving at least thirty (30) days’ notice via email to your registered email address. We will then close your Account.
30.3 If you terminate this Terms and Conditions as a Seller you are also terminating the Seller Policies (to the extent applicable) as of the time of the termination of the Terms and Conditions taking effect.
30.4 Termination of this Terms and Conditions shall not affect the rights or liabilities of either party accrued prior to and including the date of termination or expiry and/or any terms intended expressly or by implication to survive termination or expiry.
31. Site changes and availability
Seatsnet reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the Services or any part of the Site or Services with or without notice for any reason. Seatsnet performs regularly-scheduled maintenance. While we do our best to avoid customer impact, the Site or our Services may be temporarily unavailable during maintenance periods.
32. Abusing Seatsnet
When using our Site and Services, you agree that you will not do any of the following:
• contact or invite contact with other Seatsnet users for any reason other than the purpose for which you received the Seatsnet user’s contact information or solicit sales outside of Seatsnet;
• use the Buyer's personal data for any reason other than the delivery of Tickets unless otherwise agreed to by the Buyer;
• behave in an abusive manner to any Seatsnet employee or other user;
• violate any venue or event promoter rules at events or violate any applicable third party terms of service (for instance, when using our mobile applications);
• breach or circumvent any laws (including, where Tickets are sold internationally, the laws of the destination country), third party rights or our Additional Policies;
• post false, inaccurate, misleading, defamatory or libelous content;
• fail to fulfil your contractual obligations regarding the sale or purchase of a Ticket;
• use Seatsnet's trademarks without our prior written permission;
• copy, reproduce, reverse engineer, modify, create derivative works from, distribute or publicly display any content (except for your information) or software from our Site or Services without the prior express written permission of Seatsnet and the appropriate third party, as applicable;
• use any robot, spider, scraper or other automated means to access our Site or Services for any purpose without our express written permission;
• take any action that imposes or may impose (to be determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• interfere or attempt to interfere with the proper working of our Site or Services or any activities conducted on or with our Site or Services;
• bypass our robot exclusion headers, robots.txt rules or any other measures we may use to prevent or restrict access to our Site or Services;
• commercialize any Seatsnet application or any information or software associated with such application;
• export or re-export any Seatsnet application or tool except in compliance with the export control laws of any relevant jurisdiction and in accordance with posted rules and restrictions; or
• do anything else that Seatsnet determines, in its sole reasonable discretion, misuses the Site or Services or otherwise negatively impacts our marketplace.
In our effort to protect our Buyers and Sellers we may screen ticket sales or listings for signs of fraud using algorithms or automated systems, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your Account or listing, in our sole discretion.
33. Mobile Device Terms
If you are accessing the Site or Services through a mobile application (“App”), the following additional terms apply:
33.1 App Use. Seatsnet grants you the right to use the App only for your personal use. You must comply with all applicable laws and third party terms of agreement when using the App (e.g. your wireless data service agreement). The App may not contain the same functionality available on the applicable Seatsnet website.
33.2 Intellectual Property – Apps. Seatsnet owns, or is the licensee to, all right, title, and interest in and to its Apps, including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any App and you will not remove, obscure, or alter Seatsnet's copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by the App.
33.3 Prohibited Countries Policy and Foreign Trade Regulation - Applications. The App or its underlying technology may not be downloaded to or exported or re-exported: (a) into (or to a resident or national of) Burma (Myanmar), Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country subject to United States embargo; (b) to anyone on the US Treasury Department's list of Specially Designated Nationals or on the US Commerce Department's Denied Party or Entity List; and (c) to any prohibited country, person, end-user, or entity specified by US Export Laws. When using the App, you are responsible for complying with trade regulations and both foreign and domestic laws (e.g., you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country, and you are not listed on any US Government list of prohibited or restricted parties).
33.4 Device Specific Additional Terms
iOS – Apple
These Mobile Device Terms are an agreement between you and Seatsnet, and not with Apple. Apple is not responsible for the App and the content thereof.
Seatsnet grants you the right to use the App only on an iOS product that you own or control and as permitted by the App Store Terms of Service.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
Apple and Apple's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
Android – Google
These Mobile Device Terms are an agreement between you and Seatsnet, and not with Google. Google is not responsible for the App and the content thereof.
Seatsnet grants you the right to use the App only on an Android product that you own or control and as permitted by the Google Play Terms of Service.
Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Google is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
Google is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
In the event of any failure of the App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price, if applicable, for the App to you; and to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the App.
Google and Google's subsidiaries are third party beneficiaries of these Mobile Device Terms, and, upon your acceptance, Google as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Mobile Device Terms against you.
34.1 You own and are solely responsible for any content including images, text, audio or other materials that you submit (“User Content”). By submitting User Content, you grant us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right to use, reproduce, distribute, create derivative works from, publicly perform, display, store, or publish in any way, in any media known now or in the future. You grant Seatsnet the right to use your name or image in association with your User Content, if we so choose. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the content and promise not to assert such rights against us, our sublicensees or assignees.
34.2 You represent and warrant that the User Content: (a) is owned by you or you control all necessary rights to it; (b) does not violate, misappropriate or infringe on the rights of any third party including intellectual property rights, privacy rights or publicity rights; (c) is accurate, not obscene, false, libelous or defamatory; and (d) will not cause injury to any person, entity or system. You will indemnify Seatsnet for any and all claims resulting from your User Content. Seatsnet has the right but not the obligation to monitor, edit or remove your User Content. The User Content is non-confidential and Seatsnet will not be liable for its use or disclosure.
34.3 We may offer catalogues of stock images, descriptions and product specifications, which are provided by third-parties (including Seatsnet users). You may use catalogue content solely in connection with your Seatsnet listings during the time your listings are on our Site. While we try to offer reliable data, we cannot promise that the catalogues will always be accurate and up-to-date, and you agree that you will not hold our catalogue providers or us responsible for inaccuracies in their catalogues. The catalogue may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogues or create any derivative works based on catalogue content (other than by including them in your listings).
34.4 If you submit ideas, suggestions, documents, and/or proposals (“Ideas”) to Seatsnet, you do so voluntarily and with no expectation of confidentiality. By submitting Ideas, you grant us ownership of the Ideas to use for any purpose, in any way, in any media now known or in the future and throughout the universe without any obligation or payment. You understand that Seatsnet may have something similar to the Ideas under consideration or in development.
35. Protecting intellectual property rights
Seatsnet respects intellectual property rights and we respond to notices of alleged infringement.
If you reside in the United States, and you find material on our Site or Services that you believe infringes your copyright or other intellectual property rights, please notify us at customer service, and we will investigate.
36. Violating the agreement
36.1 We may investigate any potential or suspected violations of the Terms and Conditions, Additional Policies, security protocols or best practices, third-party rights or applicable law; any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account, and shall in particular consider if the user is responsible for the misconduct.
36.2 We may take any actions we deem appropriate in our reasonable discretion for the conduct described in 36.1.Without limiting other remedies, these actions may include: limit, or temporarily or permanently suspend, or terminate our services and Accounts, restrict or prohibit access to, and your activities on, our Site and/or Services, remove listings, require you to edit listings, cancel sales, require you to send Tickets to a Buyer within a specified time, delay or remove hosted content, remove any special status associated with an Account, reduce or eliminate any discounts, withhold payment, charge the Payment Method on file for amounts you owe or costs we incur due to your misconduct (including, without limitation, any costs associated with collection of delinquent Accounts or chargebacks and any replacement costs), and take technical and legal steps to keep you from using our Site and/or Services.
36.3 We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this Terms and Conditions and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third-parties.
37. Disclaimer of Warranties; Limitation of Liability
37.1 YOU UNDERSTAND AND AGREE THAT YOU ARE MAKING USE OF THE SITE AND SERVICES ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS. SEATSNET MAKES NO WARRANTY WITH RESPECT TO ITS SOFTWARE, SERVICES, SITE, ANY TICKETS, ANY EVENT, ANY USER CONTENT, OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY PROVIDED IN THIS TERMS AND CONDITIONS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
37.2 IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEATSNET (INCLUSIVE OF ANY OF ITS SERVICE PROVIDERS AND LICENSORS) IS NOT LIABLE FOR: (A) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF: PROFITS, GOODWILL OR REPUTATION, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (II) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING OUR SITE OR SERVICES OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO OUR SITE OR SERVICES; (III) ANY USER CONTENT OR CONTENT OF THIRD PARTIES, OR (IV) THE DURATION OR MANNER IN WHICH TICKETS YOU LIST APPEAR ON THE SITE OR SERVICES.
37.3 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE RIGHTS IN ADDITION TO THOSE CONTAINED IN THIS TERMS AND CONDITIONS. THIS IS ESPECIALLY SO IF YOU ARE A CONSUMER.
37.4 REGARDLESS OF THE PREVIOUS CLAUSES, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF $50.
38. Applicable laws and jurisdiction
38.1 If dispute arises between you and Seatsnet, we strongly encourage you to first contact us directly to seek a resolution by contacting Customer Service. Any claim, dispute or matter arising under or in connection with this Terms and Conditions shall be governed and construed according to the laws of the State of Florida. For consumers resident in the EU, please note that the mandatory consumer protection provisions of the law of the member state in which you reside will also apply.
38.2 if you are registered as a business you agree to submit to the exclusive jurisdiction, and if you are a consumer you submit to the non-exclusive jurisdiction, of the courts of the State of Florida. This means that you as a consumer have the right to bring an action either in the State of Florida (United States) or at your place of residence. Seatsnet may only initiate legal proceedings against consumers before the courts in their place of residence.
38.3 For the avoidance of doubt ,if you are a consumer residing in the European Union, please note that we do not (and are not legally obliged to) participate in any alternative dispute resolution (ADR) procedures or services, unless otherwise (i) specified in the country-specific additional provisions below, and/or (ii) provided by law.
39. Additional Policies.
This Agreement incorporates by reference the following policies and documents also found on this Site:
• Seller policies
40. Governing Law.
This Agreement is governed by and interpreted in accordance with the laws of the State of Florida of the United States of America. You consent to the non-exclusive personal jurisdiction and venue of the courts of Florida. Tix 4 Us Inc is registered in 175 SW 7th street, Miami, 33130, FL, USA.
This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of seatsnet, which We can refuse in our sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. This does not prevent us from varying these terms without reference to them. The title at the beginning of each paragraph of this Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph.