TICKET SPICKET – TERMS OF SERVICE
Last Updated: July 1, 2020
The following are the Terms of Service (“TOS”) that govern the use of the www.ticketspicket.com website (“Site”). Ticket Spicket, LLC a Virginia corporation, with a principal place of business at 2400 Old Brick Road, Glen Allen, Virginia (“Company,” “Ticket Spicket,” “We,” “Us,” or “Our” ) provides You, the user of the Site (“You” or “Your”), access to and use of the Site subject to the TOS. We reserve the right to update the TOS from time-to-time at Our sole discretion. You hereby agree as follows:
BY USING THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TOS, THE PRIVACY POLICY AND, AS APPLICABLE, THE PURCHASING AGREEMENT AND/OR THE TICKETING SERVICES AGREEMENT (COLLECTIVELY, THE “USER AGREEMENTS”), EACH OF WHICH ARE HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THE TOS SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING THIS SITE. ANY VIOLATION OF THE TOS CAN RESULT IN ACTIONS BY US INCLUDING, BUT NOT LIMITED TO, TERMINATION OF YOUR ACCESS AND RIGHT TO USE THE SITE, CANCELLATION OF YOUR TICKET ORDER, AND/OR REMOVAL OF YOUR EVENT LISTING AND ANY RELATED CONTENT.
LICENSE
Subject to the terms and conditions set forth in the User Agreements and Your compliance with their terms, We agree to provide You with access and use of Our Site while you are in compliance with the User Agreements and all other terms and conditions described for use of the Site. There is no fee paid by You for access, although We charge purchasers and sellers, which You may be, for Our ticketing services that We provide pursuant to Our Purchasing Agreement and Ticketing Services Agreement. Your access to the Site is provided pursuant to a free, limited, non-exclusive, and revocable license provided by Us.
ACCESSIBILITY
You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us. Our Site is offered as-is, and as-available. While We will make efforts to maintain the Site, We have no control over Your ability to access the Site at any particular time and We are not responsible for any limitation of services due to technical difficulties beyond Our control, including any interruption of service in providing the Site.
EQUIPMENT
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other physical requirements for Your use of Our Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the Site.
PROPRIETARY RIGHTS
All or portions of this Site are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so. The User Agreements do not constitute any general license to You to use any of Our copyrights or trademarks with the sole exception of on-screen viewing.
NO REDISTRIBUTION OR RESALE
You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, publish, modify or exploit for any commercial purposes, any portion of the Site, its use, or any access to it. You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use.
USE RESTRICTIONS
You agree that You shall not use the Site for unlawful purposes.
PRIVACY
Your information is collected and utilized pursuant to Our Privacy Policy, incorporated by reference herein.
DISCLAIMER OF WARRANTIES
The site, its content and the Ticket Spicket service is provided “as is” without warranties of any kind, express or implied. Use of the service is at your sole risk. we make no warranties, express or implied, including, but not limited to: (i) any implied warranties of merchantability or fitness for a particular purpose; (ii) that the site, or the service provided by us, will meet your requirements; (iii) that the site will be secure, uninterrupted, accessible, or error-free; and/or (iv) that any information or material obtained from the site will be accurate, reliable, complete, or free from viruses or other forms of malicious or destructive code. Ticket Spicket has no responsibility for the timeliness, deletion, misdelivery, or failure to store any content or user communication. No advice or information obtained by you from us, whether in oral, written, or electronic form, relating to your use of this site shall create any warranty not expressly stated in the user agreements. Ticket Spicket will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive or consequential damages. Ticket Spicket makes no guarantee of the availability of any tickets or of any specific result from use of this site or use of the ticket spicket service. Ticket Spicket is not responsible for the products, services, actions or failure to act of any event, venue, promoter, performer or other third party in connection with any activity at or relating to the event.
LIMITATION OF LIABILITY
Under no circumstances shall we be liable to you or any other person for any indirect, incidental, consequential, special, or punitive damages, or for travel expenses, lost profits, revenues or business opportunities for any matter arising from or relating to the user agreements, the site or service, or the internet generally, including, but not limited to: (i) your use or inability to use the site; (ii) any changes to or inaccessibility of the site; (iii) any delay, failure, unauthorized access to, or alteration of, any transmission or data; (iv) any content or data transmitted or received or not transmitted or received; (v) any content or data from a third person accessed on or through the site; and (vi) any problems or difficulties that arise pertaining to the issuance or processing of tickets or with the event itself, whether such liability is asserted on the basis of contract, tort or otherwise, even if Ticket Spicket has been advised of the possibility of such damages. some states prohibit the exclusion or limitation of incidental or consequential damages, thus this limitation of liability may not apply to you. Your sole and exclusive remedy shall be limited to the total service charges paid by you to us for, as applicable, your most recent ticket purchase or event, and shall not exceed that amount.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Us, Our Affiliates, and Our and Our Affiliates’ respective shareholders, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (i) the User Agreements and/or any breach by You thereof; (ii) Your use of the Site, including any data, content, or material transmitted or received by You and Your use any services made available through the Site; (iii) any unacceptable or objectionable use of the Site, as we determine in Our sole discretion; (iv) any negligent or willful misconduct by You; (v) your violation of any law or the rights of any third party; (vi) any allegation that the content You provide or data or information you input into Site infringes, misappropriates, or violates the intellectual property rights of a third party; and (vii) as otherwise provided in the User Agreements. The term “Affiliate” means any person or entity controlling, controlled by, or under common control with a stated party.
GOVERNING LAW AND FORUM
The User Agreements are made in, and shall be governed by, the laws of the Commonwealth of Virginia, excluding its conflicts-of-law provisions. All actions, claims, or disputes arising under or relating to the User Agreements shall be brought in the federal or state courts of Richmond, Virginia. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Virginia. You hereby irrevocably waive any and all objections which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Virginia and to the venue of any such suit, action, or proceeding brought in any federal or state court in Richmond, Virginia.
