These Terms of Use govern the terms under which Ticketwood, Inc. ("Ticketwood", "we" or "us") provides the content, data, materials, information, products and services through this web site (collectively, the "Ticketwood Site") for use by fans. Please read these Terms of Use carefully before accessing or using the Ticketwood sm Site. If you access or use the Ticketwood Site, you agree to be bound by these Terms of Use including all materials made available through hyperlink as well as all guidelines and rules posted from time to time throughout the Ticketwood Site. If you do not accept such terms, then please do not use the Ticketwood Site.
We grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Ticketwood Site as it is intended to be used and only in accordance with these Terms of Use and applicable law. We grant you no other rights, implied or otherwise.
We, or third parties who have licensed rights to us, own the Ticketwood Site and all of the text, images, software, trademarks, service marks and other material contained on the Ticketwood Site (collectively, the "Ticketwood Content"). You may not copy or transmit any of the Ticketwood Content, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the Ticketwood Content must appear on all copies you print or otherwise reproduce. Neither your access to nor use of the Ticketwood Site grants you any license or right to use any of the marks included therein.
You may only use the Ticketwood Site as contemplated under the Terms of Use to legitimately search for event ticket purchase opportunities. You agree not to use the Ticketwood Site for any unlawful or illegal purpose or in any other manner forbidden by the Terms of Use.
You also agree that you will not do any of the following without our written permission:
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the Ticketwood Site.
On the Ticketwood Site, we do not require fans to register in order to perform searches or select tickets for purchase from the ticket providers whose results we display. However, fans who wish to receive periodic updates and marketing communications from Ticketwood, or to have access to current or future features which require personalization, may register if they are of sufficient legal age and can enter into binding contracts. If you register, you will be responsible for maintaining the secrecy of your password, login and account information. You will be responsible for all use of the Ticketwood Site by you and anyone else using your password and login information (with or without your permission).
The Ticketwood Site is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used or retained by us.
We may make changes to these Terms of Use at any time by posting such changes. Any such changes will become effective when they are posted. You understand and agree that if you use the Ticketwood Site after the date on which we have changed the Terms of Use, we will treat your use as acceptance of the Terms of Use as changed.
Your use of the Ticketwood Site is subject to our Privacy Policy. By using the Ticketwood Site, you consent to the use of your information as we outline in our Privacy Policy.
The Ticketwood Site is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising by usage of trade, course of dealing, or course of performance. While we make every effort to be comprehensive and accurate, we make no warranty, and expressly disclaim any obligation, that: (a) the Ticketwood Site will meet your requirements or be available on an uninterrupted, timely, secure or error-free basis; (b) the Ticketwood Content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of the Ticketwood Site will be accurate or reliable; or (d) the quality of any products, services, information or other material obtained by you through the Ticketwood Site will meet your expectations.
We (together with our officers, directors, employees, agents, representatives and affiliates as well as all third party ticket providers who provide ticket data to, and make tickets available for sale through, the Ticketwood Site (such providers, collectively, "Ticket Providers")) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as the result of your access to or downloading of any content from the Ticketwood Site or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with (i) any use of the Ticketwood Site; (ii) any failure or delay (including without limitation the use of or inability to use any component of the Ticketwood Site in connection with your search for or purchase of event tickets); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
Subject to these terms and conditions, you will defend, indemnify and hold us and each of our officers, directors, employees, agents, representatives and affiliates and the Ticket Providers harmless from and against any claim, cause of action, liability, expense, loss or demand, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with, your breach of these Terms of Use or the materials made part of these Terms of Use by reference or your use of or access to the Ticketwood Site or the Ticketwood Content.
Ticketwood’s display on or through the Ticketwood Site of event ticket offers from Ticket Providers does not in any way imply, suggest, or constitute any sponsorship or approval of Ticketwood by such third parties or any affiliation between any such Ticket Providers and Ticketwood. Similarly, Ticketwood’s display of specific event ticket offers from Ticket Providers does not suggest a recommendation by Ticketwood of such Ticket Providers or their products or services. You agree that Ticketwood is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. Your interaction with any third party accessed through the Ticketwood Site is at your own risk, and Ticketwood will have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any damages or expenses resulting from your interactions with them.
You agree to abide by the terms or conditions of purchase imposed by any Ticket Provider with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by such Ticket Providers, including terms or conditions of purchase set forth on their websites.
If you have a dispute with one or more Ticket Providers, you release Ticketwood and our officers, directors, employees, agents, representatives and affiliates from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You waive California Civil Code Section 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Other Third Parties
The Ticketwood Site contains links to web sites maintained by Ticket Providers and also may contain links to other web sites that we also do not operate or control. We provide all of these links for your reference and convenience and do not endorse the contents of such web sites or take responsibility for any content or functioning of such web sites. You should refer to the separate terms of use, privacy policies and other rules posted on those web sites before you use them.
If a dispute arises between us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or our services (each, a "Claim") as set forth below. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.
The Terms of Use will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim you may have against us must be resolved by a court located in Santa Clara County, California, except as we otherwise agree or as described in the paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such Claims.
For any Claim (excluding Claims for injunctive or other equitable relief), we may elect to resolve the dispute through binding non-appearance-based arbitration. In the event we elect arbitration, we will initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules for non-appearance-based arbitration.
All Claims you bring against us must be resolved in accordance with this Dispute Resolution section. Should you file a Claim contrary to the Dispute Resolution section, we may recover attorneys' fees and costs up to $1000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.
Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms of Use. We may assign our rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you.
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 Ticketwood Site, and replace any prior understandings or agreements (whether oral or written) regarding your use of the Ticketwood Site.
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.
Ticketwood may provide you with notices by email or postings on the Ticketwood Site. Ticketwood’s mailing address is 120 Hawthorne Avenue, Suite 102, Palo Alto, California 94301. Legal notices must be served on Ticketwood, Inc.’s national registered agent in Delaware.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Ticketwood Site any materials that violate another party's intellectual property rights. If you believe that any material on the Ticketwood Site infringes upon any copyright that you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:
We will respond with additional information regarding the applicable procedure for addressing your complaint.
We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear on the Ticketwood Site in the future. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become our exclusive property.
