YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE SITE(S), OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SITE(S), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
YOU SHALL NOT USE THE SITE(S) FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE(S) IN A WAY THAT MAY CAUSE THE SITE(S) TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE(S) IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE(S)
1. Eligibility.You represent and warrant that: (i) you are at least eighteen (18) years old, or thirteen (13) years old with parental consent; (ii) you have the right, capacity and authority to be bound by these Terms, and (iii) you will abide by all these Terms.
2. Intellectual Property Ownership and Use.2.1 You acknowledge and agree that the Marks, copyrights and any and all other intellectual property rights in all material or content contained within the Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
2.2 We grant you the limited right to access and make use of the Site(s) as our user. However, you shall not:
a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (âSite Contentâ) for any commercial purpose;
b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content;
c) use any meta tags, search terms, key terms, or the like that contain the Site(s)âs name or our Marks;
d) engage in any activity that interferes with the Site(s) or another userâs ability to use the Site(s);
2.4 All Site Content and all materials and content contained within the Site(s), including but not limited to the text, graphics, logos, button icons, images, audio clips, video clips, articles, posts and data compilations appearing on the Site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission, except as expressly permitted herein.
3. Infringement Notice.3.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email at the following address:firstname.lastname@example.org.
3.2 In order for us to more effectively assist you, the notification must include all of the following:
a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner's behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Site(s);
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
3.3 Upon notification of potentially infringing material, it is our policy to: (i) remove or disable access to the potentially infringing material; and (ii) notify the user of the potentially infringing material that we have removed or disabled access to the material. We reserve the right but not the obligation to terminate a User's access to the Site(s) upon notice of such infringement(s).
3.4 If the potentially infringing user believes that he/she has the right to post and use such material, such user may send a "counter-notice" to email@example.com containing the following information:
a. A physical or electronic signature of the potentially infringing user;
b. A description of the potentially infringing material that has been removed or access disabled;
c. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
d. User's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the federal court for the judicial district in which the user's address is located, or if the user's address is located outside the United States, for any judicial district in which Reward the Fan is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
3.5 We may send a copy of the counter-notice to the original complaining party informing that party that he/she may elect to withdraw his/her infringement notice within ten (10) business days of the sent date time stamp of our email notifying him/her of same. If such user elects to withdraw his/her infringement notice, the previously removed content may be restored to the Site(s), at our sole discretion.Save for a court order or the existence of related pending civil proceedings, we may decide at our sole discretion to restore the alleged infringing material to the Site(s) at any time.
3.6 For more information or to report an alleged infringement, please contact our Designated Agent at the following address: Reward The Fan, Attn: DMCA Designated Agent, 336 West 37 Street, 9th Floor Suite 940, New York, NY 10018 or email: firstname.lastname@example.org.
4. Errors and Inaccuracies.4.1 We strive to provide complete, accurate, up-to-date information on the Site(s). Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
4.2 Force Majeure. We will not be liable to you for any delay or failure to perform any obligation or services related to the Site(s) if the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
4.3 At times, it may be necessary for us to install updates and/or maintenance to our Software and the Site(s), thereby potentially impacting your access to our Service(s). In this case, we will use commercially reasonable efforts to provide notice to you of said interruptions.
5.3 The Site(s) is subject to constant change. You will not be eligible for any compensation in the case you cannot use any part of the Site(s), or because of a failure, suspension or withdrawal of all or part of the Site(s) and/or Service(s).
6. Third Party Content.The Site(s) may contain links to other websites and other content, including without limitation graphics and photographs, that are owned and/or operated by third parties ( "Third Party Content"). We are not responsible for the availability of any Third Party Content. Unless expressly noted, we do not endorse any third parties or Third Party Content. You acknowledge that we are not liable, directly or indirectly, for any claims arising out of Third Party Content, including without limitation defamation, misrepresentation, false advertising, economic loss, and offense.
7. Account Registration7.1 In order to list or sell tickets through the Site(s) you must register an account with Reward the Fan. To register, you must be at least eighteen (18) years old, or thirteen (13) old with parental consent, to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Reward the Fan's Service(s) under the laws and statutes of the United States or other applicable jurisdiction, or in our sole discretion. We reserve the right to deny or terminate registration or membership for the Site(s) for any reason in our sole discretion.
7.3 When you register to use and access to the Site(s) and Service(s), you must provide accurate and complete information and keep your account information updated. If you provide information that is not current or information that is incomplete or inaccurate, or if we have reasonable grounds to suspect the information you provided was not current, accurate or complete, we may deny you access to the Site(s) and/or Services(s), disqualify you, revoke your ticket sale and/or terminate your account, at our sole discretion.
7.4 You will be asked to select a username when registering your account. You acknowledge that you will not select or use a username with the intent to impersonate a third party or use a username subject to any rights of a person without appropriate authorization. If you register your account with a username that we, at our sole discretion, deem to be inappropriate, obscene, vulgar or offensive, we reserve the right to revoke your access to the Site(s).
7.5 You are prohibited from ever using a third party's registration or account information without first obtaining permission from said third party, and you must notify us immediately of any change in your eligibility to use the Site(s), any breach of security, or any unauthorized use of your account. You may only create one account. For clarity, users may not share ownership in accounts. If we determine that you have opened, maintained, used or controlled more than one account, in addition to any other rights we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes and/or refund any tickets sold or purchased.
7.6 When you register, we may collect information such as your name, e-mail address, and phone number. You can edit your account information, except your user ID, at any time. Once you register on the Site(s) and sign in to our Services, you are no longer anonymous to us.
7.7 As a member of the Site(s), you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to email@example.com. You agree that Reward the Fan may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
8. Reward Dollar Transactions.8.1 Registered Users of the Site(s) may have a chance to win Reward Dollars by playing the Reward the Fan App Trivia Game. Registered Users may redeem said Reward Dollars for tickets to events on the Reward the Fan Ticket Marketplace. We do not own the tickets available on our Site(s).
8.2 Ticket Delivery. In most cases, the tickets will be delivered promptly upon redemption of Rewards Dollars, either via mail or e-mail. In any case that the tickets are not available for delivery at the time of the Reward Dollar redemption transaction, Reward the Fan will email the Registered User notifying him/her when his/her tickets are available for download. In some cases, the tickets will not be available until the day of the event.
8.3 ALL TRANSACTIONS ARE FINAL. THERE ARE NO REFUNDS, EXCHANGES, OR CANCELLATIONS ON ANY TRANSACTION ONCE IT IS SUBMITTED TO US. PLEASE REDEEM YOUR REWARD DOLLARS FOR TICKETS ONLY AFTER YOU ARE CERTAIN YOU WANT THEM.
8.4 You acknowledge that if or when pricing errors occur, Reward the Fan will not be liable to you for this error.
8.5 You acknowledge that we reserve the right to change the ticket delivery method of your tickets without notice, at no additional cost to you.
8.6 Event dates and times are always subject to change. It is your responsibility to check for any possible changes in date and time. You agree that we are not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed.
8.7 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide tickets to you in return for Reward Dollars. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
9. Canceled and Postponed Events.9.1 We will reinstate the full Reward Dollar amount redeemed for tickets to events that are subsequently canceled. We will determine, at our sole discretion, if and when an event has been "canceled" for the purpose of issuing refunds. Events that are merely postponed or rescheduled will not be deemed "canceled" and therefore will not qualify for a refund.
9.2 In the case that we determine an Event has been canceled, we will send an email to all users who obtained ticket(s) to said event through the Reward the Fan Ticket Marketplace, notifying such users of their right to a Reward Dollar refund.
9.3 In order to qualify for and receive a Reward Dollar refund, users who redeemed Reward Dollars for tickets to a canceled event must return the physical tickets, if any, to Reward the Fan by following the instructions and prompts contained in the notice email. In any event, returned tickets must be postmarked no later than ten (10) days after the sent date timestamp of Reward the Fan's email notifying user of his/her right to a refund. In the case that no physical ticket was issued, users seeking a refund must follow the instructions and prompts contained in the notice email.
9.4 Event date, times, venue and subject matter may change and we are not always notified if a show is postponed, rescheduled or canceled. It is the buyer's responsibility to monitor the event and to confirm any changes to the event with the event organizer. In certain instances, a venue, promoter, or any entity organizing an event will require a ticket holder to relocate his/her seat. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation. We, in our sole discretion, may cancel orders for a postponed event for any reason, including but not limited to a situation where the event may materially change when rescheduled.
10. Lost, Stolen, Damaged Tickets.We are not responsible for lost, stolen, damaged, destroyed tickets, and you will not be eligible for a refund in the case your tickets are lost, stolen, damaged, or destroyed. Please remember to bring your tickets with you to your event as we will not be responsible for you forgetting your tickets and will not be able to issue any reprints. Please note, many venues require PDF tickets to be printed and will not accept them in any other form.
11. User Generated Content.11.1 The Site(s) contains or may contain various interactive portions, such as a user forum, message board or other types of interactive features that allow users to post content on our Site(s) ("Online Services"). We have no obligation to offer and/or actively monitor the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any user comments or other content that may be posted or uploaded by a user. User comments and other content posted or uploaded by a user ("User Content") express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
11.2 If you believe that any User Content is inaccurate or objectionable, you may contact us by sending an email to firstname.lastname@example.org and include the words "OBJECTIONABLE CONTENT" in the subject. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
11.3 By using the Site(s), you agree that:
a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
b. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
c. You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
11.5 User Content may become public information, in whole or in part. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.
11.6 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
11.7 If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised. We may use your User Content for any purposes, including without limitation, to promote the Site(s) and Reward the Fan more generally.
11.8 You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
11.9 If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).
11.10 The Site(s) is meant for users eighteen (18) years old and over, or thirteen (13) years old with parental consent. We will not knowingly allow any user less than eighteen (18) years of age, or thirteen (13) with parental consent, to submit any User Content to our Site(s).
12. Comments, Feedbacks and SuggestionsYou acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. disclosed, submitted or offered to us (collectively, "Feedback"), shall remain our exclusive property that we may use in any medium and for any purpose without obtaining your specific consent. You further acknowledge that we are not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback you may submit. We are not obligated to respond to any of your Feedback, but may choose to do so at our sole discretion. You agree that you will be solely responsible for the content of any Feedback you create and submit.
13.3 We reserve the right to suspend or cease providing access to the Site(s) and the Service(s) offered therein, with or without notice, and we shall have no liability or responsibility to you if we do so.
14. Disclaimers.14.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE(S). THE SITE(S) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
14.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
15. Limitations on Liability.IN NO EVENT WILL REWARD THE FAN, OR ITS OFFICERSM MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS (THE "RELEASED PARTIES"), BE LIABLE TO ANY PARTY FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED. THIS INCLUDES BUT IS NOT LIMITED TO ANY INJURY CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY
18. tate Specific Notices.18.1 Notice for California Users. Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at email@example.com.
18.2 Notice For New Jersey Users. Any disclaimer, limitation of liability, indemnification or damages provisions contained herein shall apply to New Jersey residents or New Jersey transactions only to the extent permitted by New Jersey law or New Jersey public policy.
19. Choice of Law, Binding Arbitration Clause.19.1 These Terms will be interpreted in accordance with the laws of the State of New York and the United States of America, without regard to its conflict-of-law provisions.
19.2 By visiting the Site(s), you agree that, except as otherwise specified herein, the laws of the State of New York without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between us or any of our affiliates regarding your visit and use of the Site(s) and Services.
19.3 We and you agree that in the event of any dispute, the party wishing to address the dispute must contact the other party in writing, including by e-mail, and advise the other party of the dispute in reasonable detail as well as informing the other party of the remedy being sought. We may send you notices via the email address or physical address you provide to us, and all notices to us shall be sent to the following email address firstname.lastname@example.org and include the words "DISPUTE NOTICE" in the subject. The parties shall then make a good faith effort to resolve the dispute before resorting to more formal means of resolution. In the event that the dispute is not resolved through this procedure, the party raising the dispute may proceed to mandatory arbitration as set forth below.
a. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in New York, New York.
b. Selection of Arbitrator shall be made pursuant to JAMS' Streamlined Arbitration Rules & Procedures or JAMS' Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
d. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
e. Costs and Fees. You will be subject to a filing fee, set by JAMS, to initiate the arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, and we will remain responsible for its share of costs, expenses and fees plus any costs, expenses and fees required under JAMS procedures.
19.5 Notwithstanding the arbitration clause herein, the parties also agree that Reward the Fan may bring suit in a court located in New York, New York, to enjoin infringement or other misuse of our intellectual property rights.
20. Class-Action Waiver.Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, each party waives any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
DATE LAST MODIFIED: ___________, 2018