Seatscription Terms & Conditions

Effective November 25, 2019

 

USA Terms of Use

Seatscription is a ticket subscription service that blends expert insights and event tickets to deliver a smooth, seamless, personalized ticket shopping experience. Seatscription (“we”, “us”, or “our”) offers a service that gives you access to event tickets (“Products”) for events of all kinds. The following terms and conditions (the “Terms of Use” or “Terms”) form a binding agreement between you and us, and govern your use of the website located at www.seatscription.com or www.ticketrescue.com (the “Site(s)”), the services offered through the Site(s), and any orders that you place (collectively, the “Services”).

ACCOUNTS

To become a Client, you must provide your name, email address, other registration information (“Account Information”). In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information about you, including your event interests, budget, and seating preferences in order to establish your event profile (“Event Profile”). In order for the Services to work best for you, please keep your Event Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such an individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a subscription, we reserve the right to take steps to cancel that request.

By creating an account, ordering a subscription (a “Subscription”), purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any Products.

These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: www.ticketrescue.com/seatscriptionterms and updating the “Last Updated” date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current e-mail address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing Products from us, following such changes will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly check www.ticketrescue.com/seatscriptionterms to view the then-current Terms.

REFUNDS AND EXCHANGES

Concierge fee – All concierge fees are non-refundable but can be applied to all product purchases that come through Seatscription within 3 months of the concierge fee charge. After 3 months, concierge fees can no longer be applied to any purchases.

Product purchases – Any purchases of tickets or other products made through Seatscription are non-refundable.

Data Check. When you send us a request for a subscription, our payment processing provider or a third-party service provider may attempt to verify your address and check for potential fraud.

CONCIERGE FEE AND PAYMENT

Prior to sending you any product offers from your Subscription, we will charge you a non-refundable “Concierge Fee” in the amount set forth on the Services. The Concierge Fee will be charged to your credit card or other payment method between the time the order is placed and the time we send you your first product offers. Within forty-eight (48) hours of receiving your product offers, we ask that you request any Products you want. If you choose to purchase any Products for the product offers, the Concierge Fee will be credited towards the purchase price of those Products. You may pay for any Products from your subscription via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Styling Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If you receive Subscription services automatically, you agree that we may charge the Concierge Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel automatic subscriptions by emailing us at seatscription@ticketrescue.com, from the email address currently associated with your account, stating that you want to stop your subscription. You may cancel an upcoming subscription by emailing us and canceling the subscription at any time at least one (1) business day before the date of your recurring bill. You represent that you will not use any credit card or another form of payment unless you have all the necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRICING AND PRODUCTS

Other than for Direct Purchases, Seatscription does not disclose the prices of its Products until you receive your product offers. While Seatscription makes efforts to follow the event and price preferences you express to us, we do not guarantee that every item in your Subscription will meet those preferences. You are responsible for the payment of any Concierge Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Seatscription may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order.

CONTENT GUIDELINES

Please use good taste in any and all content, including text, links, images, and videos that you post (“Your Content”) to our Services, in our forums, comments to our blog, or on any other page or website related to Seatscription. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with the use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully-paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

RIGHT TO SUSPEND

Seatscription reserves the right, in our discretion, to suspend your Account, your use of the Services at any time at our discretion including, as necessary to protect the security or operation of the Services.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness, and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgment of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

THIRD-PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in your subscription. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third-party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Seatscription, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

CONTACT INFORMATION

Ticket Rescue
191 University Blvd Suite 232, Denver, CO 80206
seatscription@ticketrescue.com

Last updated November 25, 2019

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