AS OF: August 1, 2019
Thank you for visiting IdealSeat, a production of IdealSeat Inc. ("IdealSeat", "we", "our", or "us"). The terms and conditions below (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of IdealSeat and any related software applications whether existing now or in the future (collectively, the "Properties").
Use of Properties
You agree to use the Properties only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party.
You agree that you will only use the Properties for your own personal use. You must be at least 13 years of age to use the Properties. Use of the Properties is void where prohibited.
Certain portions of the Properties may be secured or otherwise protected from access except for authorized users with valid login and password information. Individuals without authorization attempting to access these portions of the Properties may be subject to prosecution.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts except as otherwise authorized by us.
In making your ticket reservations, you represent to us that all information provided to us in such process is true, accurate and correct. You acknowledge that any false booking of ticket reservations may cause IdealSeat or the Third Party Ticket Seller(s) to incur substantial economic damages and losses for which you may be held accountable.
In connection with your use of the Reservation Service, you may receive communications from us and/or the Third Party Ticket Seller, including, but not limited to, reservation confirmations, reminders, or requests for feedback. Such communications may be via phone, email, or other method as determined by us or the Third Party Ticket Seller.
If you have any issues with ticketing transactions via the Reservation Service, please contact the Third Party Ticket Seller. IdealSeat is not responsible for any issues you experience with respect to Third Party Ticket Sellers.
Ownership of Content
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Properties (“Feedback”). You may submit Feedback through the “Contact Us” section of the Website here.
You own all content you submit to the Properties, including but not limited to profile information, reviews, images, messages, and any other materials ("Your Content") except for Feedback. By submitting Your Content you hereby irrevocably grant us a perpetual, world-wide, non-exclusive, royalty-free, sublicensable and transferable license and right to use Your Content for any purpose and in any media now existing or in the future. You also irrevocably grant the users of the Properties and third party websites, mobile applications and other platforms who obtained Your Content from us ("Third Party Properties") the same right you have granted to us herein to use Your Content in connection with their use of the Properties and Third Party Properties. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of Third Party Properties, allow their users and others to do the same. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against us, any Third Party Properties and our and their users.
You are responsible for Your Content. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You may be held liable for Your Content.
In submitting Your Content to us, you represent that:
You are the sole author of Your Content, and Your Content is not copied from or based on, in whole or in part, any other work or website, except works in the public; and
Use of Your Content by us, Third Party Properties and our and their users will not violate or infringe any right of yours or any third party.
With regard to Your Content which consists of images, you agree that at least one of the following is met:
You have taken the photograph or created the artwork being submitted;
You own the rights to the image; or
You have explicit permission from the rights-holder to submit such image or artwork for use on our Properties and Third Party Properties and to grant the rights you have granted herein.
Lastly, you agree that any of Your Content submitted to us will not:
Be unlawful, harmful, threatening, abusive, harassing, tortious, indecent, defamatory, vulgar, profane, obscene, libelous, hateful or otherwise objectionable;
Contain material that violates the standards of good taste or the standards of the Properties;
Violate any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Accuse others of illegal activity;
Contain material that is illegal, or that violates any federal, state, or local law or regulation;
Contain language or images intended to impersonate another person;
Disguise or attempt to disguise the origin of Your Content;
Be of a nature that does not address the goods and services, atmosphere, or other attributes of the business or have no qualitative value;
Be considered a form of deceptive advertisement or cause, or be a result of, a conflict of interest;
Be commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes or other advertising materials;
Assert or imply that Your Content is in any way sponsored or endorsed by us; or
Contain material that is not in English;
each as determined in our sole discretion.
We may use, post or refuse to post, disable from view, remove or reinstate any content (including Your Content) in our sole discretion. Without limiting the generality of the foregoing, we may, but are not obligated to, hide or remove any of Your Content that we determine, in our sole discretion, to be in violation of the terms hereof. We are not obligated to return any of Your Content to you under any circumstances.
We and our partners and licensors are the sole and exclusive copyright owners of the Properties and our content, including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Properties excluding Your Content and third party content ("Our Content"). We and our partners and licensors also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Properties and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of Our Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Properties, Our Content or our IP Rights.
You may report a possible infringement of copyrights, trademarks, or other intellectual property by contacting our designated agent at:
Summit Law Group
315 Fifth Avenue S., Suite 1000
Seattle, WA 98104
Attn: Laura Bertin
(206) 676 – 7011
You may also contact us here. In compliance with the federal law of the United States, please include the following in your letter or email: (i) identification of infringing and infringed materials; (ii) your contact information; (iii) statement of your good faith belief in the existence of the infringement; (iv) a statement indicating the accuracy of the complaint and your authority to submit it; and (v) your physical or electronic signature. For additional information regarding the enforcement of copyrights, you may review the U.S. Digital Millennium Copyright Act codified at 17 U.S.C. § 512.
No Endorsement of Content
Some of the content available through the Properties may include content that belongs to third parties. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Properties. We do not screen or investigate third party content before or after including it in our Properties. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Properties. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Properties, but shall not be liable for any delay or inaccuracies related to such updates.
Third party content, including that posted by our users, does not reflect our views or that of our affiliated companies, employees, officers, directors, or shareholders. In addition, none of the content available through the Properties is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. In addition, we do not assume responsibility or liability for any claims, damages or losses resulting from your reliance or use of the Properties, any Third Party Properties or the content contained herein or therein. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
Restrictions on Use
Without limiting the generality of these Terms, you specifically agree not to do the following while using the Properties:
Use the Properties for illegal or unauthorized uses;
Impersonate any person or entity;
"Stalk" or harass other users or persons;
Harm minors in any way;
Falsely state or misrepresent your affiliation with another person or entity;
Infringe any patent, trademark, trade secret, service mark, copyright, or other intellectual property right of another person;
Access or use the account of another user without permission;
Solicit, spam or otherwise advertise to users and/or businesses using Our Content or the Properties;
Distribute unsolicited or unauthorized advertising, surveys, contests, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or other messages for any purposes;
Distribute computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
Interfere with, disrupt, or destroy the functionality or use of any features of the Properties;
Interfere with, disrupt, or destroy the servers or networks connected to the Properties, or disobey any rules or regulations applicable to such servers or networks;
"Hack" or access without permission our proprietary or confidential records, those of another user, or those of anyone else;
Violate any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
Violate any applicable law, rule, or regulation (for example, by disclosing or trading on inside information in violation of securities law);
Decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Properties;
Remove, circumvent, disable, damage or otherwise interfere with security-related features, or features that enforce limitations on use of, the Properties; and/or
Modify, copy, publish, license, sell, rent, lease, lend, transfer or otherwise commercialize any rights to the Properties or Our Content;
each as determined in our sole discretion.
Without limiting any other provisions of these Terms, this section is specific to the use of IdealSeat's downloadable software application(s) (the "Application").
Use of Content Through the Application
You may choose to download solely for your personal use the Application onto your mobile or wireless device and/or platform (each, a "Mobile Device"). You may not use the Application on any Mobile Device that you do not own or control. Except for use expressly permitted in this Agreement, you may not make other use of any content available through the Application without our express written consent. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, found on the Application. You will not make any changes to any content that you are permitted to download under this Agreement, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You agree that by downloading the Application you are granted a license to use, but do not otherwise acquire any ownership rights in, the downloaded content. When you download our application from a third party app store (Apple or Android) your use will be subject to the terms and conditions provided by such third party, in addition to these Terms.
You may register by logging into your account via Facebook. If you decide to register through Facebook, we will extract the personal information you have provided to Facebook (such as your name, email address and other information you make publicly available via Facebook) from the account you have with Facebook and use that information to create your account. The specific information that we extract may depend on the privacy setting you have with Facebook. You hereby consent to our access to and collection of such personal information about you. During the registration process, you will be required to provide certain information and you will establish a username and password. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. IdealSeat reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or complete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify IdealSeat of any unauthorized use of your account.
We may automatically check the version of the Application installed on your Mobile Device and, if applicable, provide updates for the Application (the "Updates"). Updates may include, but are not limited to, bug fixes, patches, enhanced functionality, plug-ins and new versions of the Application. By installing the Application, you authorize the automatic download and installation of Updates and agree to download and install Updates manually as requested from time to time.
We have the right to temporarily disable or permanently discontinue any and all functionality of the Application at any time without notice and with no liability to you.
Privacy and Security
We make efforts to maintain the security of user submissions. However, we do not guarantee the security of the Properties, our records, your submissions, or anything else. We disclaim all liability for any computer virus or technological problems. You are encouraged to install and maintain up-to-date security software on your computer.
Disclaimer of Warranties and Limitation of Liability
Disclaimer of Warranties
YOU BEAR THE ENTIRE RISK OF USING THE PROPERTIES AND ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED ON, OR LINKED TO FROM, THE PROPERTIES. WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR SUITABILITY OF THE INFORMATION CONTAINED, OR PRODUCTS OR SERVICES OFFERED IN THE PROPERTIES. THE INFORMATION MAY CONTAIN ERRORS OR OMISSIONS, FOR WHICH WE EXPRESSLY DISCLAIM ANY LIABILITY. THE PROPERTIES AND THE ENTIRE CONTENTS THEREOF ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IDEALSEAT OR THROUGH THE PROPERTIES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
WE MAKE NO WARRANTIES, GUARANTEES, REPRESENTATIONS, OR PROMISES REGARDING THE COMPATIBILITY OF OUR PROPERTIES WITH ANY PARTICULAR SOFTWARE OR HARDWARE DEVICES. YOUR USE OF THE PROPERTIES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR SOFTWARE OR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE PROPERTIES.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE PROPERTIES OR ANY PRODUCTS OR SERVICES INCLUDED OR ADVERTISED IN THE PROPERTIES, INCLUDING WITHOUT LIMITATION THE PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY TICKET SELLER IN CONNECTION WITH THE SERVICES, WHETHER THE CLAIM FOR DAMAGES IS BASED ON CONTRACT, TORT, OR OTHERWISE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE USE OF THE PROPERTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you are a resident of California, you agree to waive California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
You agree to indemnify, defend, and hold harmless us and our affiliates, successors, assignees, licensees, directors, officers, employees, agents, contractors, vendors, business partners, owners, and professional advisors from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Your Content, (ii) your unauthorized use of the Properties, or products or services included or advertised in the Properties; or (iii) your breach of these Terms.
Data, messaging, or other ISP and carrier fees may apply in your use of the Properties.
Changes to the Terms
IdealSeat may modify these Terms from time to time. When changes are made, we will notify you by making the revised version available on this webpage, and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modification will be effective upon our posting of the new Terms. If you do not agree to, or cannot comply with, these Terms as modified, you must stop using the Properties and, if applicable, cancel your account. You understand and agree that your continued use of the Properties after any posted modification to the Terms indicates your acceptance of the modification.
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms. These Terms shall not be construed against us on the grounds that we conducted or arranged for the drafting of the Terms.
Governing Law/Dispute Resolution
These Terms are governed exclusively by the laws of the State of Washington and the United States. Any controversy or claim relating to these Terms or the Properties shall be submitted to the judicial courts located in King County in the State of Washington. You consent to the exclusive jurisdiction of those courts. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. WHERE PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL.
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.