UTicketIt.com, Inc.

Terms of Use

Welcome to UticketIt.com (the “Site”), operated by UticketIt.com, Inc. (hereinafter “UTicketIt,” “We,” or “Us”).  The Site specializes in providing an internet forum to allow sellers (“Sellers”) and buyers (“Buyers”) to link via world wide web for the sale and purchase of tickets to events (the “Services”).  UTicketIt does not coordinate events or offer tickets for sale on its own account, rather, its sole activity is to create a marketplace to connect third party Sellers and Buyers.  UTicketIt is unable to verify and makes no representations or warranties as to the accuracy, completeness, or authenticity of any posted information.

IMPORTANT!  THESE TERMS OF USE GOVERN YOUR USE OF THE SITE.  By accessing and using THe site, you EXPRESSLY acknowlede and accept these terms OF USE.  THESE TERMS OF USE ARE SUBJECT TO CHANGE BY UTICKETIT AT ANY TIME IN ITS SOLE DISCRETION.  YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES.  PLEASE CONSULT THESE TERMS OF USE REGULARLY.  IN THE EVENT THAT, AT ANY TIME, YOU OBJECT TO ANY TERM OR CONDITION CONTAINED HEREIN, OR ANY MODIFICATION THERETO, YOUR ONLY RECOURSE IS TO DISCONTINUE USING THE SITE.

Eligibility

The Site and Services are intended for use only by individuals over the age of eighteen (18).  By registering, or otherwise using the Site and Services, you represent and warrant that you over the age of eighteen (18).

 

You may use this site for purposes expressly permitted by this site.  You may not use this site for any other purpose, including any commercial purpose, without UTicketIt’s express prior written consent.

Registration

You may be required to register in order to utilize certain Services offered on the Site.  In consideration of your use of the Site and Services, you agree to (i) provide accurate, complete, and current data as requested during the registration process; (ii) keep all registration information up to date; (iii) maintain the security of your password and identification; (iv) not use the Site or Services for any purpose in violation of these Terms of Use, and all applicable laws and regulations; and (v) be fully responsible for the use of your account and any actions taking place using your account.

 

Use of the Site and Services

 

You may use the Site and Services only for expressly permitted and lawful purposes.  You expressly agree not to use the Site or Services:

 

• to engage in any activities that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or infringe upon the rights of others in any way;
• to make available any material that infringes any copyright, patent, trademark, trade secret, or any other proprietary or intellectual property rights of any person or entity;
• to impersonate any person or entity, or otherwise misrepresent yourself or anything about yourself;
• in any manner that could damage, disable, overburden, or impair the Site or the users’ enjoyment of the site;
• to post personally identifiable information about any person that is not yourself without that persons explicit consent;
• to post content that is false, deceptive, misleading, deceitful, or fraudulent;
• to distribute junk mail, spam, or unsolicited commercial advertisement, or to contact any users with any form of commercial advertising or solicitation, unless you have obtained their express consent to receive such materials;
• to post any files or programs that contain software viruses, trojan horses, malware, spyware, or other malicious files or programs that are designed to interrupt, destroy, limit the functionality, or co-opt computer hardware or software;
• to  use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the site;
• to attempt to gain unauthorized access to UTicketIt’s computer systems or networks; or
• to upload, post, transmit, share, store, or otherwise make available Content that, in the sole judgment of UTicketIt, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose UTicketIt or its users to any harm or liability of any kind.
• to engage in any other similar behavior, which UTicketIt, in its sole discretion, finds objectionable.

 

Termination of Services

 

UTicketIt reserves the right (but not the obligation), in its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to, or use of, the Site and/or Services immediately and without notice, for any reason whatsoever, or no reason at all.  You agree that UTicketIt shall not be liable to you are any third-party for any termination of your access to, or use of, the Site or Services.

 

Content

 

You understand that all postings, offers, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Site and Service, are the sole responsibility of the person from whom such Content originated.  More specifically, you are entirely responsible for all Content that you post, email or otherwise make available via the Service.  You understand that UTicketIt does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.  Furthermore, the Site and Content available through the Service may contain links to other websites, which are completely independent of UTicketIt.  UTicketIt makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site.  Your linking to any other website is at your own risk. You agree that you must evaluate, and bear all risks associated with, your use of any Content, that you may not rely on said Content, and that under no circumstances will UTicketIt be liable in any way for any Content or for any loss or damage of any kind incurred as a result of your use of any Content posted, emailed or otherwise made available via the Site or Service. You acknowledge that UTicketIt does not pre-screen or approve Content, but that it shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of these Terms of Use or for any other reason.

 

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate

before proceeding with any online or offline transaction with any of these third parties. 

 

You agree that UTicketIt shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between USERS of this Site or Service, or between users and any third party, you understand and agree that uticketit is under no obligation to become involved.  In the event that you have a dispute with one or more other SELLERS OR BUYERS, you hereby release uticket, its officers, directors, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site or Service.

 

Third Party Links

 

This Site contains links to other sites for your convenience only, that are not owned or controlled by UTicketIt, and UTicketIt is not responsible for the contents of any of these third-party resources.  The inclusion of any link on this site does not imply any recommendation, approval, or endorsement of that site by UTicketIt.  Such websites are not subject to the Terms of Use contained herein, and UTicketTIt encourage you to make yourself aware of any terms and conditions of such third-party sites.  Your visiting any linked site is at your own risk.

 

Ownership

The Services and Content accessible from the Site, including all trademarks, servicemarks, tradenames, patents, trade secrets, copyrights, and other information, whether or not registered, is the proprietary information of UTicketIt or the party that provided the Content to UTicketIt, and UTicketIt or the party that provided the Content to UTicketIt retains all right, title, and interest in the Content.  Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of UTicketIt, except that you may print out a copy of the Content solely for your personal use.  In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.  Modification or use of the Content except as expressly provided in these Terms of Use is a violation of UTicketIt’s intellectual property rights.  Neither title nor intellectual property rights are licensed, assigned, or otherwise transferred to you by access to this site. 

Payment and Refunds

If applicable, orders are not binding upon UticketIt until accepted by UTicketIt.  Terms of payment are within UTicketIt’s sole discretion.  UTicketIt may utilize third-party vendor payment processing systems.  Your use of any such third-party payment processers is subject to the terms and conditions are subject to their applicable policies and terms and conditions of service. 

UTICKETIT SHALL RECEIVE PAYMENT FROM BUYERS HOLD SUCH PAYMENTS IN ESCROW UNTIL SEVEN (7) DAYS AFTER THE DATE OF THE ADVERTISED EVENT.  PROVIDED THAT (I) THE EVENT AS ADVERTISED ON THE SITE WAS ACTUALLY HELD, AND (II) SELLER HAS STRICTLY COMPLIED WITH THESE TERMS AND CONDITIONS AND ANY OTHER POLICIES OF UTICKETIT, SELLER SHALL RECEIVE PAYMENT OF MONIES PAID BY BUYER SEVEN (7) DAYS AFTER THE DATE OF THE ADVERTISED EVENT LESS UTICKETIT’S STATED SERVICE FEES AND ANY CREDIT CARD OR OTHER PAYMENT PROCESSING FEES.  SELLER SHALL BE RESPONSIBLE FOR ALL FEDERAL, STATE, AND LOCAL TAXES, IF ANY, ASSOCIATED WITH THE SALE OF TICKETS.

SELLER EXPRESSLY AGREES TO NOTIFY UTICKETIT AT SUPPORT@UTICKETIT.COM WITHIN FORTY-EIGHT (48) HOURS AFTER THE STATED DATE AND TIME OF THE EVENT IF THE EVENT WAS NOT HELD IN SUBSTANTIAL CONFORMANCE WITH WHAT WAS ADVERTISED.  IN THE EVENT THAT THE EVENT IN QUESTION WAS NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER, THEN SELLER SHALL NOT BE ENTITLED TO, AND UTICKETIT SHALL MAKE NO PAYMENTS TO SELLER.  SELLER EXPRESSLY AGREES THAT SELLER SHALL REFUND ANY MONIES TO UTICKETIT WHICH WERE PAID BY BUYER AND LATER DISPUTED BY BUYER AS CHARGEBACKS OR ANY OTHER CREDIT CARD DISPUTE WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT OF NOTICE FOR SUCH REFUND BY UTICKETIT.

BUYERS SHALL NOTIFY UTICKETIT AT SUPPORT@UTICKETIT.COM WITHIN FORTY-EIGHT (48) HOURS FROM THE TIME AND DATE OF THE EVENT IF THE EVENT WAS CANCELLED OR NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER.  IF UTICKETIT DETERMINES, IN ITS SOLE DISCRETION, THAT SUCH EVENT WAS CANCELLED OR NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER, THEN UTICKET SHALL REFUND THE TICKET PRICE AS PAID BY BUYER, LESS ANY THIRD PARTY PROCESSING FEES. 

Consent to Receive Notices By Electronic Mail

You expressly agree that all notices from UTicketIt may be received by electronic mail or other electronic means, and that all such notices shall be considered valid.

Submissions

You hereby grant to UTicketIt the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to UTicketIt through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed.  UTicketIt will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future UTicketIt operations.

UTicketIt will treat any personal information that you submit through this site in accordance with its Privacy Policy http://www.uticketit.com/privacy_policy  

Disclaimer

You understand that this Website is provided “as-is,” and UTicketIt cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. 

YOUR USE OF THIS SITE AND SERVICES IS AT YOUR OWN RISK.  The Content is provided “as is” and without warranties of any kind, either expressed or implied.  UTicketIt disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.  SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.

UTICKETIT does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  UTICKETIT does not warrant or make any representation regarding YOUR use, or the result of use, of the content in terms of accuracy, reliability, or otherwise OR THAT IT WILL MEET YOUR REQUIREMENTS.  You, and not UTICKETIT, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT.  UTICKETIT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UTICKETIT PROVIDES THE SOLE SERVICE OF CREATING A MARKET PLACE FOR BUYERS AND SELERS AND IS NOT, SHALL NOT, AND SHALL NOT BE DEEMED TO BE, A PARTY TO ANY TRANSACTION ENTERED INTO BETWEEN BUYERS AND SELLERS.  UTICKET MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, OR ACCURACY OF INFORMATION PROVIDED BY OTHER USERS OF THE SITE.

Limitation On Liability

BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:

1. UTICKETIT and ITS OFFICERS, DIRECTORS, EMPLOYEES, or AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REPUTATION, GOODWILL, USE, DATA, PROFITS OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF THE uticketit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE site, services, or content; (II) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE site; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE site or SERVICE; (V) ANY OTHER MATTER RELATING TO THE SERVICE; OR (VI) ANY LOSS SUSTAINED IN ATTENDANCE AT AN EVENT FOR WHICH TICKETS HAVE BEEN PURCHASED THROUGH THE SITE. IN NO EVENT WILL uticketit, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION. 
2. UTICKETIT, its officers, directors, employees, and AGENTS SHALL 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, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM the site or service, OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY 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 ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF the SITe, service, CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THe SITE, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  YOU MUST USE CAUTION WHEN CONTACTING THIRD PARTIES THROUGH OUR WEB SITE INCLUDING BUT NOT LIMITED TO buyers, sellers, or REGISTERED MEMBERS. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnity

YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD UTICKETIT (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST THE COMPANY BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) YOUR BREACH OF THESE TERMS, (C) ANY ACTION BY YOU, A BUYER, OR A SELLER, OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION  TO THE SERVICE, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR (E) ANY LOSS SUSTAINED IN ATTENDANCE AT AN EVENT FOR WHICH TICKETS HAVE BEEN PURCHASED THROUGH THE SITE.

 

Release

 

UTICKETIT IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN BUYERS AND SELLERS.  UTICKETIT HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF SELLERS OR THEIR EVENTS.  YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE SITE.  THE COMPANY CANNOT AND DOES NOT CONTROL WHETHER OR NOT SELERS WILL DELIVER THEIR EVENTS OR OTHER SERVICES.  FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR UTICKETIT TO AUTHENTICATE BUYERS AND SELLERS, AND UTICKEIT CANNOT AND DOES NOT CONFIRM THAT BUYER AND SELLER IS WHO IT CLAIMS TO BE.  UTICKETIT ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE SITE, SERVICES AND CONTENT.  YOU RELEASE UTICKETIT (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH BUYERS AND SELLERS OR THE PRODUCTS OR SERVICES PROVIDED BY THE SELLERS, OR ANY ACTIONS OR OMISSIONS OF A BUYER OR SELLER).  IN NO WAY WILL UTICKETIT BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH BUYER OR SELLER).

 

Entire Agreement

 

These Terms of Use constitute the entire agreement between you and UTicketIt, and supersede any prior agreements between you and UTicketIt, including any prior versions of the Terms of Use.

 

Governing Law

 

These Terms of Use, and any disputes arising thereunder or arising through your use of the Site, Services, or Content, shall be governed by the laws of the State of Illinois, without reference to its conflicts of laws principles.

 

Arbitration

 

Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.  Jurisdiction and venue of any such arbitration is only appropriate in Champaign County, Illinois and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

 

Waiver

 

Failure by UTicketIt to enforce any provision of these Terms of Use shall not constitute a waiver of any such provision or any other provision hereunder or right UTicketIt may have.

 

Severability

 

If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction or under present or future state or federal laws or rules and regulations promulgated thereunder, such provision shall be fully severable, and these Terms of Use shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect.

 

Contact

 

UTicketIt values your input and encourages you to submit your feedback.

 

UTicketIt.com, Inc.

support@UTicketIt.com

 

3011 West 183^rd Street

Suite 183

Homewood, IL, 60430

 

Last updated: July, 18^th, 2010

© 2010 UTicketIt.com, Inc.