Huuzticket, Inc.
User Agreement
1. How the agreement works
1.1 Introduction
Welcome to Huuzticket's online buying and selling community (the
'WebSite, Site'). This User Agreement ('Agreement') lists the terms of the
agreement between you and Huuzticket, Inc. for the buying and selling of
tickets, and all other services that we provide (the 'Services'). By
completing the registration process, you agree to accept the terms and
conditions of this Agreement and to become a registered user of this Site.
1.2 Modification
If changes are made to this Agreement, we will post a revised version of
this Agreement on the 'SITE'. This posting shall automatically replace the
terms of this Agreement. Your continued use of the Site and the Services
following Huuzticket's posting of a revised Agreement will constitute your
acceptance of the revised Agreement.
If you do not agree with the terms of this Agreement or any revised
version of this Agreement, immediately stop using our Services or any service provided via the Site.
1.3 Additional Policies.
This Agreement incorporates the Privacy Policy by reference .
2. About
2.1 Ticket Service Provider.
Huuzticket is a website service that allows registered users who want to
buy tickets ('Buyers') to find tickets to purchase from registered users
who want to sell their tickets ('Sellers').
The fulfillment of orders, which includes delivery and shipment of tickets,
is the responsibility of the Seller. Please remember that Huuzticket acts
only as a marketplace to provide a means in which buyers and
sellers can interact regarding the transaction of buying and selling tickets.
3. Registered user.
3.1 Requirements.
To be a registered user of this Site, you must agree to accept the terms
and conditions of this Agreement:
Our Services are only available to those that can form legally binding
contracts, are over the age of 18, and are not temporarily or indefinitely
suspended, or bad standing from our sites and services.
If you do not qualify, please refrain from using the Services provided from
the site.
If you are under the age of 18, you may only use this site with
permission and under the supervision of your parents or guardians.
3.2 Registration.
We will not accept any offers to provide service without being a registered
member. To register please have the following:
* legal and current name
* address
* phone number
* an active email
3.3 Email Address and Password
An email address and password are required to use the Site.
You are solely responsible for maintaining the security of your email
address and password. You also are solely responsible for all activity that
may arise from that email address and password. You should never give out your
password to any other person.
4. Listing tickets [Seller]
4.1 Listing
A registered registered user must first purchase credit(s) in order to list tickets for sale in the Huuzticket Marketplace.The Seller sets the
price of tickets and provides information about the event; such as the,
date, section, row, and seat.
4.2 Seller Responsibility
Once a Seller confirms the event purchase from a Buyer, Seller is solely
responsible for the complete fulfillment of the order. The order must be
the exact tickets that the Seller listed.
Huuzticket is not responsible for any errors made by the Seller in the
listing or pricing of tickets and is not liable for any such errors.
4.3 Shipment Agreement
Sellers agree to ship the tickets within 48 hours of payment. If the event
is within 24 hours, sellers agree to ship 1-day air. The seller agrees to
have the tickets to the buyer in time for the event. Huuzticket is not
responsible for Sellers that do not complete a transaction in time. If the
seller does not complete the shipment agreement, the BUYER is able to
report violation to Huuzticket.
5. Searching for tickets and orders as a Buyer.
5.1 Buying a ticket
To buy tickets, the Buyer searches the Huuzticket listings marketplace for
events best matching the buyer's need.
When the buyer finds the desired event the buyer will 'buy' the tickets
and agree to the purchase terms again to purchase the ticket(s).
All transactions are final and, once placed, cannot be cancelled or
retracted. Cancelations are at the discretion of the seller.
5.2 Ticket Information
Event dates, times, venues and subject matter, which are listed on the
event listing [ticket], may change. It is up to you, the Buyer, to keep
informed of the most recent changes.
Please contact the box office or refer to local listings for any changes.
5.3 Seller provided information
Huuzticket does not guarantee any information provided by the Seller.
5.4 Substituted Seat Locations
Ticket Listings are merely a representation of actual location of the seat.
The buyer agrees that Tickets may be substituted with similar or better
seat locations.
Actual seat and row numbers may vary from those purchased on the Site.
Huuzticket reserves the right to determine what constitutes a 'similar' or
'better' ticket for substitution purposes.
6. Notification [Seller] of transaction.
Notification
After the buyer accepts the buyer agreement, we will notify the seller via
email and the sellers notification center on the 'My account' page.
7. Completing the transaction
After the Seller has shipped the ticket(s) and the Buyer attends the event,
If the ticket was indeed what the seller listed; The Buyer will logged back
into their account page and mark the transaction as complete. The seller
will be once again notified in the notification center that the transaction
is complete.
8. You and Huuzticket
Grant of License
You grant Huuzticket a perpetual, non-exclusive, transferable,
worldwide, binding, royalty-free right to exercise publicity, database,
trademark and copyright rights, including the right to reproduce, modify,
adapt, publish and display on the Site. Any content you may provide to
Huuzticket in connection with your use of Huuzticket and its Services,
You agree that Huuzticket shall be permitted to use your name or user
ID, home city and other ancillary information (for example, the number of
years you have been a Huuzticket user) in connection with the content in
conjunction with Huuzticket's marketing, promotion and publicity efforts
in any media known now or in the future.
Release
Huuzticket acts as a marketplace only to allow buyers and sellers to
interact concerning tickets. In all cases, the completion and accuracy of
transactions are between Buyers and Sellers only.The fulfillment of
confirmed orders, including delivery and shipment of tickets, is the
responsibility of the Seller. If you have a dispute with one or more
registered users, you release Huuzticket and all affiliated companies,
officers, directors, agents, parents, subsidiaries, legal representatives and
employees from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such dispute.
If you are a resident of any other state or foreign country, you agree to
waive in advance any similar laws of such other jurisdiction.
Privacy
Your personal info is only as stated within the Huuzticket Privacy Policy. If
you object to your Information being transferred or used in this way
please do not use our services.
TicketProvide
TicketProvide is a service offered by Huuzticket to brokers, agents, managers,
anyone who wans to market and distrubute tickets for events or artists online.
Huuzticket and the client enter into an agreement before any tickets are sold
on the site. Once a contract is created, Huuzticket covers the selling and shipping
and refunds of tickets. The client is responsible for keeping Huuzticket
up-to-date on the status of the event.
Only tickets offered from TicketProvide are sold and shipped by Huuzticket.
All other posted ticket(s) on the site Huuzticket acts only as a martketplace.
In all cases, the completion and accuracy of
transactions are between Buyers and Sellers only.The fulfillment of
confirmed orders, including delivery and shipment of tickets, is the
responsibility of the Seller. If you have a dispute with one or more
registered users, you release Huuzticket and all affiliated companies,
officers, directors, agents, parents, subsidiaries, legal representatives and
employees from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed, arising out of or in any way
connected with such dispute.
If you are a resident of any other state or foreign country, you agree to
waive in advance any similar laws of such other jurisdiction.
9. Prohibited actions
Offline/Non Site Transactions
You agree not to use the Huuzticket website to:
(1) contact other Huuzticket users,
(2) invite contact with other Huuzticket users
(3) solicit sales outside of Huuzticket,
(4) initiate or engage in transactions (either purchases or sales) outside
of Huuzticket.
Huuzticket is not responsible for any damages or lost profits that result
from Huuzticket users directly contacting other Huuzticket users or for
any damages or lost profits resulting from transactions conducted
outside of Huuzticket, including transactions that originate at Huuzticket
and are taken offline.
Personal Information in Seller Comments
As a Seller, you agree not to place any personal information (including,
but not limited to, addresses, phone numbers, or email addresses) in
your posted event listing(s).
Abusive Behavior.
You agree not to use abusive language or behave in an abusive manner to
any Huuzticket employee or customer.
Adult Materials
You agree not to list, sell or buy any adult materials, obscene materials or
pornographic materials through the Site, directly or indirectly, and you
agree not to use any names or other information found on or via this Site
to do so.
Illegal Activity
You agree not to use this Site for unlawful purposes or in an unlawful
manner. You agree to comply with all applicable local, state, federal and
international laws, statutes and regulations regarding use of the Site and
the selling of tickets. You agree not to use or permit anyone to use
information provided through the Site for any unlawful or unauthorized
purpose.
You also agree not to register under a false name.
Stolen Property
The sale of stolen property on Huuzticket is strictly forbidden, and
violates state, federal and international law.
Huuzticket will strongly support all law enforcement efforts. Stolen
property includes items taken from private individuals, as well as
property taken without authorization from companies or governments.
10 Required Action to Agreement Violations
Investigations
We may investigate complaints and violations of our policies. You agree
to cooperate fully with such investigations, including without limitation,
providing us specific information regarding your right to a ticket, the
source of a ticket, your acquisition of a ticket, and the price you paid for
a ticket.
Violations, Termination and Suspension
We may take any action that we deem appropriate in our sole discretion
(including without limitation issuing a warning, suspending or
terminating service, denying access, removing a listing or recommending
you edit a listing) if: (a) you breach this Agreement or any document it
incorporates by reference; (b) you are unwilling to cooperate with our
investigation of a complaint or reported violation; or (c) we believe your
conduct may cause legal liability for you, for other users, or for
Huuzticket. Huuzticket is not obligated to pay you for any sales if we have a good
faith basis to believe such sales were unlawful or otherwise made in
material violation of this agreement.
Disclosure of Information
You agree that Huuzticket may report any activity that it suspects
violates any law or regulation to appropriate law enforcement officials,
regulators, or other relevant third parties. Huuzticket will cooperate to
ensure that violators are prosecuted to the fullest extent of the law.
11 Your Promise to us
Accurate Descriptions
For all ticket(s) you list as the Seller, you guarantee that your
descriptions of the tickets accurately detail and describe the tickets
offered for sale.
If you, at any time, deliver invalid, fraudulent, or misrepresented tickets,
Huuzticket reserves the right to cancel the transactions.
Other Information
You represent and warrant that any information you provide to us, to
other users, or to visitors (a) is not false, inaccurate, misleading, obscene
or defamatory; (b) is not fraudulent; (c) does not involve the sale of
counterfeit or stolen items; (d) does not infringe any third party's
copyright, patent, trademark, trade secret, rights of publicity or privacy,
or other right; (e) does not violate any law, statute, ordinance or
regulation, including without limitation those governing consumer
protection, unfair competition, anti-discrimination or false advertising;
and, (f) does not contain any viruses or any programming that is intended
to damage, interfere with, intercept or expropriate any system, data or
personal information.
Laws and Regulations
You warrant that you will comply with all applicable local, state, federal
and international laws, statutes and regulations regarding use of the Site
and selling value of the tickets. Huuzticket does not monitor, obtain, nor
have any knowledge of the face value of tickets listed on the Site.
You assure that Huuzticket and (if applicable) any parent, subsidiaries,
affiliates, officers, directors, attorneys, agents and employees, harmless
against any claim or demand and all liabilities, costs and expenses
(including reasonable attorneys' fees) incurred by Huuzticket and (if
applicable) any parents, subsidiaries, affiliates, officers, directors, agents,
attorneys and employees that arise out of any claim asserted by a third
party that involves, relates to or concerns any of your actions or
omissions on this Site, including but not limited to your breach of this
Agreement, or your violation of any law or the rights of a third party.
12. Disclaimers
No Warranty
Except for the express warranties stated in this Agreement, Huuzticket
provides the software, site and services on an 'as is' basis and 'as
available' basis without any warranties of any kind. Huuzticket makes no
warranty with respect to its software, any tickets, any event, the services
Huuzticket provides, or that sellers or buyers will perform as promised,
and Huuzticket expressly disclaims all such warranties, whether express,
statutory or implied, including without limitation any warranties of
merchantability, title, non-infringement of third party rights or fitness for
a particular purpose. This warranty disclaimer affects your legal rights,
and you may also have other rights which vary from jurisdiction to
jurisdiction. Some jurisdictions do not allow exclusions of implied
warranties or limitations on how long an implied warranty lasts, so the
above exclusion may not apply to you.
Waiver of Consequential Damages; Liability Limit
Huuzticket expressly disclaims any responsibility for any lost profits or
special, consequential, incidental, or exemplary damages (including
without limitation indirect and special damages) that may result from the
services or the site, or the suspension, termination or malfunction of the
services or the site.
Allocation of Risk
You acknowledge and agree that the foregoing disclaimers and
limitations of liability represent bargained for allocations of risk, and that
the pricing and other terms and conditions of this agreement reflect such
allocations of risk.
Tax Indemnity
You agree that Huuzticket is not responsible in any way for the accuracy
or suitability of any payment of taxes to any entity on your behalf, or your spouses. You
shall indemnify and hold Huuzticket and (if applicable) any parents,
subsidiaries, affiliates, officers, directors, agents and employees harmless
against all liabilities, costs, interest and expenses (including reasonable
attorneys' fees) incurred by Huuzticket that arise out of any third party or
governmental claim that involves, relates to or concerns (i) any federal,
state or county tax obligation or amounts due or owing under any tax
regulation, law, order or decree or (ii) any dispute concerning the tax
status of Huuzticket.
Change or Suspension of Site
Huuzticket reserves the right at any time to modify or discontinue,
temporarily or permanently, the Site or any part of the Site with or
without notice. You agree that we shall not be liable to you or any third
party for any modification, suspension or discontinuance of the Site or
any Services under this Agreement, for any reason. We do not guarantee
continuous, uninterrupted or secure access to our service, and operation
of our Site may be interfered with by numerous factors outside of our
control. Huuzticket is never, for any reason, responsible for tickets listed
on the site that do not sell, including tickets that remain unsold during a
site outage.
12. We own the intellectual property rights to our Site and Service.
Ownership of Intellectual Property
You acknowledge and agree that (i) our patents, trademarks, trade
names, service marks, copyrights and other intellectual property
(collectively, 'Intellectual Property') are and shall remain our sole
property, and (ii) nothing in this agreement shall confer in you any right
of ownership or license rights in our Intellectual Property. In addition, you
shall not now or in the future contest the validity of Huuzticket's
Intellectual Property.
Copyright. Copyright (c) 2007, Huuzticket, Inc. The software and the Site,
including without limitation all text, graphics, logos, buttons, icons,
images, audio clips, and computer programs, are the property of
Huuzticket or its suppliers, and are protected by U.S. and international
copyright, trademark and other laws. The compilation (meaning the
collection, arrangement, and assembly) of all content on the Site is the
exclusive property of Huuzticket and protected by U.S. and international
copyright law. Any unauthorized reproduction, modification, distribution,
transmission, republication, display, or performance of the software or
the content on the Site is strictly prohibited.
13. Additional terms that affect our agreement.
Governing Law; Arbitration.
You Agree that all legal matters will be handled with Pittsburgh, PA metropolitan area.
Miscellaneous
This Agreement (and all documents incorporated by reference)
constitutes the entire agreement between the parties pertaining to the
subject matter hereof and supersedes all prior agreements and
understandings between the parties hereto with respect to the subject
matter hereof, whether written or oral. No amendment, modification or
supplement of any provision of this Agreement will be valid or effective
unless made in accordance with the express terms of this Agreement. If
any provision of this Agreement is held to be invalid or unenforceable
under any circumstances, its application in any other circumstances and
the remaining provisions of this Agreement shall not be affected. You
may not assign or transfer this Agreement, or any of its rights or
obligations, without the prior written consent of Huuzticket, which we
can refuse in our sole discretion. Nothing in this Agreement is intended
to confer benefits, rights or remedies unto any person or entity other
than the parties hereto and their successors and permitted assigns. Our
suppliers and co-brand partners are third-party beneficiaries of this
Agreement. The subject heading at the beginning of each paragraph of
this Agreement is for reference purposes only and in no way defines,
limits, construes or describes the scope or extent of such paragraph.