Terms of Service
Last modified: October 7, 2013
You may not use the Services if (a) you are not of legal age to form a binding contract with VoteTipper, or (b) you are a person barred from using the Services.
Right To Use The Site
VoteTipper gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by VoteTipper as part of the Services to reserve a seat for an Event.
Electronic Mail And Communication
You acknowledge and agree that by using all or part of this Site, you consent to receiving electronic communications from VoteTipper and its subsidiaries and affiliates. These electronic communications may include notices about changes to the site, transactional information, and other information concerning or related to the Site and/or related services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Changes To Services
You acknowledge and agree that VoteTipper may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at VoteTipper's sole discretion, without prior notice to you. You further acknowledge and agree that VoteTipper, at its sole discretion, may disable access to your account or discontinue providing the Services.
Use Of The Services, Obligations And Limitations
You acknowledge and agree that VoteTipper, in its sole and absolute discretion or based on its agreement with a Sponsor, may impose certain limitations on your ability to select specific seating arrangements at the Sponsor's Event. You acknowledge and agree that the Services are being offered to you for personal use only. You agree to use the Services only to book reservations at an Event and to honor the reserved seating by arriving to the Event on time. You further agree not to reserve more than one (1) seat for yourself for any particular Event. VoteTipper expressly reserves all its rights and remedies under applicable state and federal law. VoteTipper further reserves the right, in its sole discretion, to refuse service, terminate accounts, remove or edit content, or cancel seat reservations.
If you become aware of any unauthorized use of your password or of your account, you agree to notify VoteTipper immediately.
In order to access the Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process, or as part of your continued use of the Services. You agree that any registration information that you give to VoteTipper will always be accurate, correct, and up to date.
You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by VoteTipper, unless you have been specifically allowed to do so in a separate written agreement with VoteTipperYou agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks that are connected to the Services).
You agree that you are solely responsible for (and that VoteTipper has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences of any such breach.
You agree that the license granted herein includes a right for VoteTipper to make your non-personal information available to Sponsors and other users, organizations or individuals with whom VoteTipper has a relationship.
The materials and services provided for and depicted on the Site are protected by copyright, trademark, patent and/or other intellectual property laws. All text, graphics, video, data, files, processes or other content on the Site (the "Content") and the Services are, and shall continue to be, owned by VoteTipper, the Sponsor, third-party licensors or advertisers. The Content shall not be copied, displayed, modified, published, sold, reverse engineered, emulated or otherwise used in any manner, by you or any other third party on your behalf, without the express written consent of VoteTipper The Content and the Services may be modified from time to time by VoteTipper in its sole discretion. Except as expressly set forth herein, no license is granted to you for any other purpose, and any other use of the Services or the Content by you shall constitute a material breach of this Agreement. Nothing in this Agreement shall affect any rights of VoteTipper, or its licensors, the Sponsors or advertisers, in the Services or the Content, and any associated patents, trademarks, copyrights, trade secrets and/or other intellectual property rights. Other than as expressly contained herein, no license, right or interest in any intellectual property of VoteTipper or any third party is granted under this Agreement. Nothing in this Agreement gives you a right to use any of VoteTipper's trade names, trade marks, service marks, logos, domain names, or other distinctive brand features in any manner whatsoever.
You acknowledge that some of the Services are supported by advertising revenue and that advertisements and promotions may be displayed on the Site. These advertisements may be targeted based on information collected by VoteTipper through your use of the Services, your queries in connection therewith, and other methods. In consideration of VoteTipper's granting you access to the Site and use of the Services, you agree that VoteTipper may place such advertising on the Site.
IN NO EVENT SHALL VoteTipper BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED TO (I) ANY USE OF THE SERVICES, THE SITE, OR THE CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES, THE CONTENT, OR THE SITE FOR SEAT RESERVATIONS), OR (III) THE PERFORMANCE OR NON-PERFORMANCE OF A SPONSOR IN CONNECTION WITH ANY EVENT SPONSORED BY SUCH SPONSOR. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USERS FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE CONTENT, OR THE SITE. VoteTipper IS NOT AN AGENT OF ANY SPONSOR.
DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VoteTipper OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. VoteTipper FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VoteTipper, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND(D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
Links To Third Party Sites
The Site may contain hypertext links to Web sites operated by parties other than VoteTipper Such hypertext links are provided for your reference only. VoteTipper does not control such Web sites and is not responsible for their content. VoteTipper's inclusion of any hypertext links to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Your use of these other services, software and/or goods may be subject to separate terms between you and the company or person concerned.
This Agreement and the rights granted hereunder may not be transferred, assigned, or delegated in any manner by you, but may be freely transferred, assigned, or delegated by VoteTipper
This Agreement, and your relationship with VoteTipper under this Agreement, shall be governed by the laws of the Commonwealth of Massachusetts without regard to the choice or conflict of laws provisions thereof. You and VoteTipper agree to submit to the exclusive jurisdiction of the courts located in Massachusetts to resolve any legal matter arising from this Agreement. Notwithstanding the foregoing, you agree that VoteTipper shall be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
You acknowledge and agree that, if VoteTipper does not exercise or enforce any legal right or remedies, such failure to act shall not be taken to be a formal waiver of VoteTipper's rights or remedies and that those rights or remedies will still be available to VoteTipper
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of this Agreement. The remaining provisions of this Agreement will continue to be valid and enforceable.