This policy is effective as of November 3, 2009.
The last revision was November 3, 2009.
These Terms of Use govern the terms under which SeatSmart, LLC, ("SeatSmart", "we" or "us") provides the content, data, materials, information, products and services through the SeatSmart.com site and Extended Network. Your access and use of the site indicates your agreement with the Terms herein, so please read the Terms of Use carefully before accessing or using the Site. If you do not accept these Terms, then please do not use the Site.
By using the SeatSmart Network, you acknowledge that you have read and understood these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.
From time to time, we may make changes to the Terms of Use. Any such changes will become effective on the date of posting and your continued use of the site will constitute your acceptance of any changes to the terms.
While we try to keep SeatSmart available, bug-free and safe, your use of the site is at your own risk. We provide the site on an "AS IS" basis without any warranties, express or implied. We are not responsible for the actions, content, information or data of third parties. You release us, our directors, officers, employess, agents and contractors from any and all claims and damages, both known and unknown, arising from or in any way connected with any claim you have against such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect or incidental damages arising from the use of this Site or services incorporated herein or on the extended network, even if we have been advised of the possibility of such damages.
We try to keep the information on SeatSmart accurate and up to date but make no warranty as to the freshness or accuracy of data. Whenever using our site to access tickets being sold on a third party site, you should also double check your order details to be sure the event, date, time, quantity, price and other details are both expected and acceptable. We cannot be responsible for the details of any transaction on a third party site, including the provision of refunds or tickets in any manner.
Because SeatSmart gives you opportunities to share information about the opportunity on the Internet, we take your privacy very seriously. We have created a separate policy to deal specifically with privacy concerns. Please read it, in addition to the Terms of Use before accessing the site. It can be found here: Privacy Policy .
For the purposes of this doucument, please refer to the following definitions of terms used herein.
All of the text, images, software, service marks, trademarks and other information on the SeatSmart Network is owned by us or has been licensed to us. You may not copy or transmit any of the content on the Site, except for your personal, non-commercial use on your computer. Any reproduction of the Site or content on it, whether digital, virtual or otherwise, must appear on all copies you print or otherwise reproduce. You are not granted the right to use any of the marks included on the Site.
You are hereby granted a limited, non-exclusive, non-assignable, non-sublicenseable, revocable right to access and use the Site for the purpose of performing any of its intended use of helping you and your friends organize the tasks associated with your exeperience attending a live event. The license is granted in accordance with these Terms of Use and applicable laws. You are not granted other rights, implied or otherwise.
When you post any content or information on the SeatSmart Network, you retain ownership of it and control how it is shared through your privacy settings. Further you agree to grant license to us to use the information and Content you post on the SeatSmart Network Network in accordance with the privacy settings you select. The license applies to Content that is not covered by intellectual property rights as well as Content that is not covered by intellectual property rights. In the case of content for which you own the intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license. In either case, the license is effective until such time as you deactivate your SeatSmart account. Upon deletion of your account, the content may be stored for a reasonable amount of time on our servers for purposes of back up or account recovery, but will no longer be made available on the Site. Information that is shared through the Extended Network and resides on third party sites will be subject to their Terms of Use regarding how the information is both used and stored. Deactivating your SeatSmart account may not delete the content on third party sites. For more information on our policies regarding User-Generated Content, please see our Privacy Policy .
You can use SeatSmart's basic search features to find tickets without registering or Authenticating your user session. However, if you choose to register an account with SeatSmart or Authenticate via a third party service, you will have access to expanded features and functionality. If you Register an account or if the site is used with your Authentication data through a third party provided, you are fully and solely responsible for use of the site under your account under all circumstances. Therefore, we recommend that you do not provide access to your Registered account to anyone else. In some cases, you may need to enter a password that provides access to your account. You are responsible for keeping that password secret. We recommend that you create a secure password that is different from passwords you use for other accounts. If you share your log in information for third party log in services such as Facebook, with others, please be aware that your account there could be used to access your SeatSmart account, so you should use discretion in sharing those passwords as well. You may not create an account unless you fall within the age guidelines of these Terms. Your account is revocable and may be deleted any time, at our discretion.
You may only use the Site as it was intended, for the legitimate search for events to attend and tickets to purchase and to organize the process of procuring them and as outlined in these terms. You agree not to use the Site for any other reason, including unlawful or illegal purpose or in any other manner forbidden by the Terms of Use. Your violation of any provisions of the Terms of Use may result in the deactivation of your account at our soul discretion and without notice. It is prohibited to post or otherwise transmit on the site or Network, any content that may be objectionable, obscene, defamatory or directed at any group based on race, creed, color, gender, orientation or other characteristic. We reserve the right to remove such content without notice and restrict your access to the site or deactivate your account and block Authentication of any sort based on it.
It is prohibited to post Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence on the Site or Extended Network. You are solely responsible for the photos, profiles, including your name and likeness, and any text including reviews and comments that are uploaded, published or displayed on or through the Site, or transmitted to or shared with other users through your account, whether posted by you or someone using your account, with or without your knowledge. We reserve the right to suspend or terminate your account and/or access to the site at any time at our sole discretion and cooperate with law enforcement officials in relation to the investigation of such postings.
The following actions are prohibited for any Content or assets that appear on the SeatSmart Network:
Content on the Site that was not posted by you, even if it appears in your profile page or Playbook, is not owned by you. You may not copy or distribute such content on the Site, Extended Network or anywhere else. Abuse of others information may lead to the deactivation of your account at our discretion.
By using the site, you agree to defend and hold harmless, SeatSmart LLC, its directors, officers, employees, representatives, agents, partners, affiliates, other members and contractors harmless in the case of any loss or damage, including lost profits or lost savings, injury or death, except in states where limitations on liability are prohibited by law, resulting from any use or interaction with the SeatSmart Network including cases in which:
Partners who provide tickets that are listed on SeatSmart are independent of Us. We cannot guarantee the accuracy or completeness of information we get from them. Your transactions and interactions with them are at your own risk and independent of your relationship with us and you agree that you will not hold SeatSmart responsible for any act of third party companies or organizations or for the handling or responsibilities that result from your disputes with them. The listing of tickets or information from a ticketing Partner does not imply or constitute approval, endorsement or sponsorship of SeatSmart by the ticketing Partners nor of the Partners by Us.
Ticketing Partners' and other partners' web sites can be reached though links on the SeatSmart Network. Neither the existence of these links, nor your use of them constitutes our endorsement of the information or products on the sites, nor of the companies or organizations that own them even in cases where We have a financial or other arrangement with them. Their policies are independent of ours and you should read the terms of use and privacy policy of each of the sites you visit.
If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to that breach or future or similar breaches. If a court finds any portion of these Terms of Use to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the other portions of the Terms of Use will remain valid and enforceable. These Terms of Use, together with all materials made a part of these Terms of Use by reference, make up the entire agreement between us relating to your use of the SeatSmart Network, and replace any prior understandings or agreements (whether oral or written) regarding your use of the SeatSmart Network.
It is against the SeatSmart Terms of Use to upload or otherwise distribute other's intellectual property through the SeatSmart Network. We respect the intellectual property rights of others and remove such materials when made aware of them. If you believe that any material on the SeatSmart Network infringes upon any copyright that you own or control in accordance with the Digital Millennium Copyright Act, please send written notification of that infringement to the postal mailing address listed below.