Welcome to the SeatPick website at http://www.seatpick.com (the "Website" or "Site") owned and operated by SeatPick Ltd. and/or its affiliates ("SeatPick" or "we"). Each user (such as yourself) is invited to visit and use the Website – which provides a ticket marketplace for live events and enables ticket buyers and sellers to transact between them. You, operating as a Buyer (as such term is defined below), are a part of this community! As an online venue, SeatPick allows you to buy tickets through 3rd party websites and through the System (the "Tickets") which are listed in a Seller Marketplace (as defined below in Section 2.5), in the number of units ordered by a Buyer at the price indicated by the Seller in the Sellers' Marketplace (the "Price") (collectively, the "System").
This section is only applicable when the sale is between a Seller and a Buyer and not when SeatPick is operating as the Seller ("SeatPick's Transactions")
2.1 License. SeatPick hereby grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferrable License to use the System and the Website (the "License").
2.2 Nature of the Website and the System. SeatPick acts as a venue and not as a party to any transaction. You hereby acknowledge and agree that SeatPick AND THE WEBSITE ACT MERELY AS A VENUE and is NOT, in any case, a retailer. SeatPick is not directly or indirectly involved in any actual transaction between you, as a Buyer, and any individual and business entities that operate as a Seller.
2.3 SeatPick is not a Party to any Transaction. PLEASE READ CAREFULLY: SeatPick is not, and shall not be regarded as a party to any transaction between a Seller and a Buyer. SeatPick does not impose any rule or restriction in connection with any transaction, and does not act as a consultant or legal advisor regarding any transaction to either the Seller or the Buyer. SeatPick shall not be responsible in any way to either (a) with recuperation of any and all payments, fees and or other taxes paid by either Buyer and/or Seller; or (b) reimbursement of Tickets sold by a Seller to a Buyer.
2.4 An individual or a business entity operating as a vendor ("Seller") and the individual or business entities who buy any of the Seller's Tickets ("Buyer" or "you") shall be exclusively responsible for setting all the commercial and legal terms and conditions which governs each transaction between them, and SeatPick shall have no liability of any kind for such transactions (Seller, Buyer and/or any non-registered visitor of the Website shall be collectively referred to as a '"User"). It is hereby acknowledged and agreed that SeatPick has the right under it sole discretion to refuse to provide services via the System to any individual or business entity at anytime, including if any User breaches these Terms.
2.5 What is the "Seller Marketplace"? The Seller Marketplace is all the information, data and any other material within the Website, uploaded by the Seller and which relates to that specific Seller and/or the Tickets offered by such Seller, which shall include, without limitation, the name of the Seller, the description of the Tickets, and all applicable policies of the Seller, such as (by way of illustration) the transaction procedure, the payment terms, and the shipment procedure.
2.6 Risks Involved in Using the System. There are several risks involved in dealing with underage persons, people acting under false pretense, international trade and foreign nationals. Please use caution, common sense, and practice safe trading when using the System. By accepting these Terms and using the System you agree to accept such risks at your own risk and/or cost and hereby waive any claim against SeatPick with respect thereto.
3.1 SeatPick has an unlimited, perpetual, unconditional, irrevocable right to run advertisements and promotions of SeatPick and/or of any other Seller and/or third party whatsoever on the Website and/or the System.
3.2 By accepting the Terms, you agree that SeatPick has the right to run such advertisements and promotions without compensation to you.
3.3 The timing, frequency, placement and extent of advertising by SeatPick is subject to change and shall be determined by SeatPick at its sole discretion. The frequency of these advertisements (which will pop up or otherwise appear on your screen) will vary.
3.4 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the System, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and SeatPick does not and shall not have any liability, responsibility in connection thereof.
3.5 You agree that SeatPick is not and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the System.
3.6 You agree not to take any action, including downloading any system, to disable or block the display of advertising on the Website and/or the System.
4.2 What you may and may not do with your Account. You undertake to and are solely and fully responsible for maintaining the confidentiality of the password to your Account. You are solely and fully responsible for all activities that occur under use of your password or Account or under your name as a User. You may not operate more than one Account. You must notify SeatPick immediately of any unauthorized use of your password or Account or any other breach of security. SeatPick cannot and will not be liable for any loss or damage arising from (i) your failure (either as a User, a Buyer or a Seller) to comply with this EULA; (ii) any unauthorized use of your password or Account or any other breach of security; (iii) any activity under your Account or your name as a User conducted by others on your behalf and/or under your supervision, whether or not SeatPick was notified of the possibility and/or existence of such a loss of damage. You may be liable for the losses of SeatPick or others due to any such use.
4.3 No verification methods. You hereby acknowledge, understand and agree that SeatPick has no responsibility, cannot and does not confirm each User's and/or Buyer’s and/or Seller's purported identity. SeatPick shall have the right, but no obligation, to use different techniques to verify the accuracy of the information provided during the Account setup Process by either a Seller or a Buyer.
4.4 Suspension of an Account. SeatPick may suspend and/or terminate your Account due to breach of the Terms and/or absence of any activities or use of the Account, including absence of any login to such Account, during the preceding 6 (six) months or more. Following such suspension or termination, SeatPick has no obligation to keep your Account details, content, data, username or any other information included in the Account. Notwithstanding the above, SeatPick may, under its sole discretion and upon availability of the Account username, re-activate your Account upon your request to SeatPick support service at email@example.com.
4.5 Closing an Account. If you would like to close your Account and discontinue using the System you may contact SeatPick support services at firstname.lastname@example.org. SeatPick may assist you in closing your Account as long as you are acting in good faith and are committed to meet any of your pending obligations.
5.1 User Generated Content
5.1.1 Both Users, Buyers and Sellers may be able to post various content including information in public message areas such as blogs, forums, lists and Feedback (as defined below), profiles, bios, images and other text material via the System, including the SeatPick Message Box (as defined below) (collectively "User Generated Content"). Each Seller and/or Buyer and/or User is solely responsible for any and all User Generated Content posted, transferred or uploaded by them or under their User's name or Seller/Buyer's Account to or through the System.
5.1.2 SeatPick has the right, but no obligation, to remove under SeatPick's sole discretion any User Generated Content for any reason, including without limitation in case SeatPick suspects or believes that the User Generated Content is unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise violates any third-party's rights, including intellectual property rights, copyrights and/or privacy rights and/or these Terms or other policies.
5.1.3 Unless the User Generated Content was transmitted to a third party via the System (for example, to a Buyer or a Seller) you can ask us to remove any User Generated Content uploaded by you to the System by sending a message to SeatPick support at email@example.com.
5.2.1 You may have the option to provide feedback in numbers or icons from a given scale ("Feedback Rating") and/or in writing ("Feedback Wording"), regarding any service, Tickets, information, person or business entity posted on or available through the Website and/or the System, including Seller and/or other advisors and service providers operating via the System. SeatPick may compile all the Feedback Rating and Feedback Wording and composite a number and/or a visual scale which shall represent the feedback rate of the feedback's subject (the "Rate") (Feedback Wording, Feedback Rating and Rate shall be collectively referred to under this EULA as the "Feedback"). SeatPick may, under its sole discretion, publish the Rate alone, or with the relevant Feedback Wording and/or Feedback Rating, in a whole or in parts. The Feedback is a valuable indicator of the reputation of Sellers, service providers and the Tickets. However, you acknowledge that any reliance on Feedback or other User Generated Content posted by other Users, Sellers, Buyers and service providers will be at your own risk.
5.2.2 You may not (i) take any actions that may undermine the integrity of the Feedback system; (ii) market or export your Feedback in any venue other than the Website; (iii) import feedback from other (non-SeatPick operated) websites to the System; (iv) threaten any third party, including a SeatPick Buyer and/or Seller, to leave negative or neutral Feedback if your demands will not be satisfied by that third party; or (v) artificially enhance in any way your Feedback or any other Sellers', service providers' and Tickets' Feedback.
5.3 User Generated Content License. It is hereby clarified that you retain all of your ownership rights to your User Generated Content. However, by submitting or uploading your User Generated Content to the System, you hereby grant SeatPick a worldwide, non-exclusive, perpetual, paid-up, royalty-free, sub-licensable and transferable license to use, modify, reproduce, adapt, distribute, prepare derivative works of, display, publish, make available and perform the User Generated Content only in connection with the Website, our marketing partners' sites and SeatPick's business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You further agree not to take action against SeatPick in relation to User Generated Content that you submit, and you agree to indemnify SeatPick, as set forth in Section 25 (Indemnity) below, if any third-party takes action against SeatPick in relation to the User Generated Content you submit.
7.1 Orders and Seller Marketplace:
7.1.1 Ordering. A Buyer may submit to Seller via the System or otherwise an order regarding purchasing certain Tickets (an "Order") listed in a Sellers' Marketplace or elsewhere within the Website, subject to the Seller's commercial and legal standards set by the Seller governing the entire transaction, including without limitation any related services such as shipping, applicable law, custom clearance etc., that shall be indicated in the Sellers' Marketplace (the "Seller Commercial and Legal Standards")or subject to other legal and commercial standards agreed in writing between you and SeatPick prior to your Transaction Payment (as defined below).
7.1.2 Ordering Confirmation. By submitting the Order, you agree that you are entering into a binding contract with the Seller or SeatPick, as applicable. However, until the Order is confirmed, we cannot guarantee the Tickets will be available to purchase, or that the Price will still be available. Most Orders are confirmed within minutes, while other Orders may be confirmed within a few hours or even a day or two.
7.1.3 Update and Change of the Seller Marketplace. SeatPick, acting as a buyer and the Sellers may remove, add or change details of any Ticket on its Seller Marketplace, including Prices at any time, including but not limited to the Ticket Price and Ticket details.
7.1.4 Ticket Removal. SeatPick may, under its sole discretion and without providing an explanation, remove any Ticket from Seller's listing on the Seller Marketplace on the System, and will not allow any sale and/or offering for sale of any Ticket and/or not enable any transaction of any Ticket.
7.2 Substituted Seat Locations. The Ticket listings are a representation of the actual seat location however, we may substitute them with comparable or better seat locations without your approval. We may provide you with maps and photos of the venue for a representation only and we do not guarantee the accuracy of the maps and photos. Season Cards. In the event we provide you with season cards, when purchasing card to a onetime event, you must return the season cards to SeatPick within 24 hours of the event ending.
7.3 Transferred Payment and Billing Legal Terms.
7.3.2 SeatPick shall not be responsible for the payment of any sums whatsoever, including any amounts which you undertook to pay the Seller (the "Transaction Payment").
7.3.3 Payment Authorization. When we receive an offer by credit card, debit card or PayPal, We obtain an authorization from the Buyer's credit card, debit card or PayPal account equal to the Transaction Payment, booking fees and delivery fees for the Tickets (the "Authorization"). The Authorization will remain on the Buyer's credit card, debit card or PayPal account until the sale is completed. When we receive an offer by bank transfer, we will check to see if the bank account is valid. We may hold the Order confirmation until we can run payment, security and authenticity checks of the Tickets.
7.3.4 All Orders are Final. ALL ORDERS ARE FINAL. There will be no refunds, cancellations or exchanges issued for date or time changes, partial performances, or tickets lost. However, you may try to re-sell the tickets on SeatPick and give someone else the opportunity to go.
7.4 No liability. Without derogating from Section 24 below, it is hereby acknowledged and agreed that except in SeatPick's Transactions, SeatPick shall not be liable and shall not bear any additional expense or fee due to or as a result of (i) any User's breach of this EULA; (ii) a written agreement between you and a Seller that has been reached, including the Seller Commercial and Legal Standards or any other commercial and/or legal standards, provisions and/or stipulations made between you and a Seller; or (iii) any loss or damage caused to any third-party, including a Seller or Buyer, as a result of a Buyer's or Seller's or User's acts or omissions.
8.1 Invoicing. The Seller is fully responsible to directly provide you with an invoice via the System, prior to the shipment of the Order, including without limitation the complete applicable Transaction Payment to a specific Order (the "Invoice"). [
8.2 VAT. A Buyer is exclusively responsible for any and all taxes and duties with re spect to any Order, and/or Price and/or Transaction Payment via the System. The Seller should include the VAT or other similar tax (i.e., total) in its Price. Except in SeatPick's Transactions we take no responsibility in connection with the Sellers' adhering’s to any VAT or other similar requirements. Please note that this VAT is in addition to any VAT we are required to charge on our fees.
8.3 Prices. A Seller may set Prices which differ from their original ‘face value’ (i.e. the price it is sold for on the primary market).
8.4 Currency. You may view the Prices in several currencies, however the currency you will be required to pay in is controlled by the Seller's/SeatPick's payment method. When the currency you are paying with is different from the Seller's payment method, we will convert your payment automatically. The base exchange rate uses data from the European Central Bank, which are updated daily, however please note that the exchange rates may not be identical to the real-time market rate.
8.5 SeatPick reserves the right to change this Section 8 at its sole discretion provided, however, that such amendments shall not take effect with respect to Invoices already issued to Buyer by a Seller.
9.1 Your use of the System and/or Website is subject to license fees, delivery fees, taxes and service fees. We will present you with the fees at the checkout if applicable, or we will present you an all-inclusive price (in which the fees already calculated into the final price).
9.2 Failure to Return Fee. In the you were provided with season card to enter a onetime event and fail to return the season card to SeatPick within 24 hours, in accordance with section 7.4, we may charge an additional fee of EUR 200 per season card which was not returned. This charge is in addition to the amount originally paid for the tickets.
9.3 No Reimbursement. It is hereby clarified that the SeatPick Fees set forth in this Section 9 above are non-recoverable in any way, and you hereby waive any claim relating thereto. By way of illustration and without limitations, once a Transaction Payment is made by you on account of an Invoice, you will not be entitled to any reimbursement of the above SeatPick Fees whatsoever, including without limitation in case any transaction was terminated.
9.4 The provisions of this Section 9 shall survive any termination of this EULA.
10.1 Event dates and times are always subject to changes. We do our best efforts to present accurate events' time, however you are responsible to ratify the local time of the event, and to check all possible changes in the date and/or time of the event.
10.2 Postponed Events. Refunds will not be issued due to event dates and/or times change, since usually, tickets that were purchased will be valid for the new date and/or time. We may ask you to send us the Tickets in order to receive new valid Tickets.
10.3 Canceled Events. If the event is canceled, and the Seller was refunded for the Tickets, you must contact us immediately from the event cancellation, in order to receive a reimbursement, if such reimbursement is possible. We may ask you to return to the Seller your Tickets and it will refund you for your purchase.
We will do reasonable best efforts to guarantee that you will receive the tickets that you have paid for in time for the event. In the rare instance that a Seller does not provide you with the Tickets, we may, in our sole and absolute discretion, replace your tickets with comparable or better tickets to the same event at no additional cost, or issue you a refund for the cost of the tickets. If the event is rescheduled and or postponed, your tickets will remain valid for the rescheduled event, and will not be reimbursed. If the event is canceled you will be refunded for the full purchase order. For any issues or questions please contact us at firstname.lastname@example.org.
11.1 You may not (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the System and/or the Website in any way; (ii) create a browser or border frame environment around the Website and/or the System (no frames or inline linking is allowed); (iii) interfere with or disrupt the operation of this Website and/or the System, or the servers or networks that host the Website and/or the System or make this Website and/or the System available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks; (iv) interfere with or violate any other Seller's, Buyer's or Users' right to privacy or other rights, or harvest or collect data and information about other Seller, Buyer, or User without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others including Seller, Buyer or User, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in the User Generated Content posted, transferred or uploaded by you on or through the System; (vi) impersonate any person or entity, including, but not limited to, any SeatPick agent or representative, falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that SeatPick endorses you, your website, your business or any statement you make, or present false information about SeatPick, the System, the Website or any other services or Tickets via the System on any of website you linked via the System; (vii) create, transfer or send unwanted or unsolicited commercial E-mail (spam) to other Sellers, Buyers or Users via the System or to any third-party using the System; (viii) transmit, distribute, display or otherwise make available through or in connection with the Website and/or System any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, System, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (ix) create a database by systematically downloading and storing all or any of SeatPick' Intellectual Property (as define below), or other Seller's, Buyer's, Users' Tickets or User Generated Content from this Website; (x) provide false, inaccurate or misleading information during the Account Setup Process or in any of the User Generated Content posted, transferred or uploaded by you on or through the System; (xi) post, transfer or upload on or through the System any User Generated Content which infringes any third-party Intellectual Property rights, including trademarks, copyright and patent rights, or other propriety rights, or contain any unlawful material including presence of illegal pornography of any kind; (xii) violate any law, statute, ordinance or regulation, including, but not limited to, those governing import / export control, consumer protection, unfair competition, anti-discrimination or false advertising; or (xiii) use the System or the Website for any illegal, unlawful or unauthorized purpose.
11.2 Your failure to comply with the provisions set forth herein may result in the termination of your Account or access to this Website, and may expose you to civil and/or criminal liability.
11.3 Without limiting any other remedies available to it, SeatPick may, without prior notice, limit, suspend, or terminate its service, including the System and your Account, prohibit access to its Website, and take technical and legal steps to deny your access, use and/or participation in and to the Website and/or System, under its sole discretion, including if SeatPick thinks that they are problematic, hazardous or unlawful acts that are inconsistent with the letter or spirit of SeatPick's Terms and/or business and/or business model and/or concept, or if SeatPick believes that your actions may cause financial loss or legal liability for you, other SeatPick Users, or to SeatPick.
As a condition for the grant of License and/or your use of this Website and/or System as a Buyer or as a User, you hereby represent and warrant that (i) you are at least 18 years of age (if individual) and/or possess the legal authority to enter into these Terms, including this EULA, to use the Website and the System in accordance with all terms and conditions herein, and to fully perform your obligations hereunder; (ii) that you are financially responsible for all of your use of this Website and/or System (as well as for the use of your Account by others, including, without limitation, minors residing with you); (iii) you will safeguard your Account information and will supervise and be completely responsible for any use of your Account by anyone other than you; (iv) the execution of this EULA does not and will not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject; and (v) you are the sole responsible for any and all User Generated Content posted, transferred or uploaded by you in any way or manner via the System.
SeatPick reserves the right to, at anytime, by posting the amended EULA on the Website: (a) modify or discontinue, temporarily or permanently, this Website (or any part thereof) and/or the System without notice; (b) change the SeatPick Fees (under Section 9 above) for the use of this Website and/or System; (c) change the payment mechanism (under Section 8 above); and/or (d) add and/or modify and/or waive any fees charged in connection with this Website, under its sole discretion. Your continued use of this Website after any changes, whether material or not, shall indicate your acceptance of such changes. SeatPick may, under its sole discretion, notify you about a material change in this EULA. You agree that SeatPick shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of this Website and/or System. All new features made available through this Website that were not made available as of the "Last Revised" date above, shall automatically become subject to these terms and conditions.
All intellectual Property rights in and to the Website, the System and the content on the Website, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, copyrightable materials, graphics, text, designs, specifications, methods, procedures, algorithms, data, technical data, interactive features, System scripts, graphics, photos, sounds, music, videos, (source and object code), files, interface, GUI and trade secrets and the like, whether or not registered, excluding User Generated Content and the Company Trademarks (as defined below), service marks and logos contained therein (collectively "Intellectual Property"), are solely owned by or licensed to SeatPick, and subject to copyright and other Intellectual Property rights under Europe, Israel and other, foreign laws and international conventions. Except as provided herein, you are not granted, either expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property without the prior express written permission of SeatPick.
"SeatPick", SeatPick's logo and all other proprietary identifiers used by SeatPick in connection with the Website and/or System (“Company Trademarks”) are all trademarks and/or trade names and/or service marks of SeatPick, whether or not registered. All other trademarks, service marks, trade names and logos which appear on the Website belong to their respective owners (“Third Party Marks”). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks or the Third Party Marks.
The Website or the System may include content derived from third party websites and/or automatically generated third-party advertisements (“Third Party Content”). SeatPick does not review any Third Party Content prior to its posting to the Website and makes no warranties or representations with respect to Third Party Content, including with respect to its legality, non-infringement, offensiveness, ownership and content. SeatPick SHALL IN NO WAY OR MANNER BE RESPONSIBLE FOR THE ACCURACY OF THIRD PARTY CONTENT, AND YOU RELY ON THE ACCURACY OF SUCH CONTENT SOLELY AT YOUR OWN RISK.
18.2 Links to SeatPick Website. SeatPick encourages and permits links to content on our Website, including to User Generated Content. However, you may only link from website which permits such linking and the linking (i) should not suggest that SeatPick promotes or endorses any third-party's causes, ideas, websites, Tickets or services; (ii) should not use SeatPick content for inappropriate commercial purposes; (iii) should not include a description of goods or services which are illegal or prohibited under this EULA; and (iii) any linked website must provide a link back to the relevant page in SeatPick Website which contains the linked content in accordance with SeatPick's specifications and instructions as to the link location and presentation. SeatPick reserves the right to withdraw permission for any link.
19.1 The Site may include social sharing and posting features and other integrated tools (for example the Facebook "Share" and "Like" buttons, sharing, liking, and posting content via Twitter, Facebook, Youtube. Google+ etc.) ("Social Features").
We may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components“). Your right to use such Third Party Components as part of, or in connection with, the Website or the System is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Website or the System and SeatPick disclaims all liability related thereto. You acknowledge that SeatPick is not the author, owner or licensor of any Third Party Components, and that SeatPick makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. Under no circumstances shall the Website or the System or any portion thereof (except for the Third Party Components contained therein) be deemed to be “open source“ or “publicly available“ software.
22.1 THE WEBSITE, THE SYSTEM, THE INTELLECTUAL PROPERTY AND ANY OTHER CONTENT AT THE WEBSITE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SeatPick DOES NOT WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DOES SeatPick MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SYSTEM OR ENDORSE, RECOMMEND OR MAKE ANY WARRANTIES AS TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, USER GENERATED CONTENT, TICKETS, FEEDBACK, OPINIONS OR STATEMENTS AVAILABLE ON OR THROUGH THE SYSTEM OR THROUGH LINKS ON THE SYSTEM. USE OF THE WEBSITE AND/OR SYSTEM IS ENTIRELY AT YOUR OWN RISK.
22.2 SeatPick DOES NOT WARRANT THAT THE WEBSITE OR THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. SeatPick MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE WEBSITE AND/OR THE SYSTEM AT ANY TIME OR TO DISCONTINUE DISPLAYING WEBPAGES AND ANY CONTENT WITHOUT A NOTICE TO YOU. WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE WEBSITE AND/OR THE SYSTEM OR ANY AND ALL CONTENT AND INFORMATION PROVIDED THROUGH THE SITE OR THE SYSTEM IT FOR A CERTAIN PURPOSE OR ANY PURPOSE AT ALL. SeatPick HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE WEBSITE AND/OR THE SYSTEM, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY, OR QUALITY OF THE SYSTEM AND/OR THE WEBSITE, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL TICKETS, SERVICES, CONTENT AND INFORMATION RECEIVED THROUGH THE WEBSITE AND/OR SYSTEM.
22.3 SeatPick IS NOT AND SHALL NOT BE RESPONSIBLE FOR YOUR PARTICIPATION IN ANY EVENTS DISTRIBUTED THROUGH OUR WEBSITE AND SERVICES, INCLUDING THE NATURE AND QUALITY OF THE EVENT, AND IS NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT, INTERRUPTION OR MISTAKE OCCURRED DURING THE EVENT. SeatPick IS NOT AND SHALL NOT BE RESPONSIBLE FOR INFORMATION VIEWED ON OUR SITE AND THROUGH OUR SERVICES, INCLUDING BY SELLERS. SeatPick DOES NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE SITE AND MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU WITH RESPECT TO COMPLIANCE WITH ANY APPLICABLE LAWS, RULES AND REGULATIONS WITH RESPECT TO THE EVENTS AND IT EXPRESSLY DISCLAIMS ANY SUCH REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED IN THIS REGARD.
23.1 THE USE OF THE WEBSITE AND THE SYSTEM IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL SeatPick BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE WEBSITE AND/OR THE SYSTEM, OR THE USE OR INABILITY TO USE THE WEBSITE OR THE SYSTEM, REGARDLESS OF WHETHER THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF SeatPick HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY, IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TICKET'S PRICE.
23.2 Without derogating from the above, you hereby release and will not hold SeatPick responsible for the actions or inactions of others, including any third-party, Buyers, Users and/or Sellers. You acknowledge that the Website and System are a venue to allow Sellers and Buyers to offer, sell, and/or buy Ticket(s), at anytime, from anywhere. When applicable, SeatPick is not a party, in any way, to any transaction or transfer of any right to, or legal ownership of Ticket(s), from the Seller to a Buyer. Except as mentioned in section 11, SeatPick has no liability for, or control over and does not guarantee the quality, safety or legality of the Ticket(s) listed and advertised on its Website, the User Generated Content, or the truth or accuracy of the listings, and cannot ensure that a Buyer or a Sellers will actually complete a transaction. Consequently, SeatPick does not transfer legal ownership of items from a Seller to a Buyer and/or assumes the responsibility of ensuring provisions of services from a Seller to a Buyer. Accordingly, to the extent legally permitted, SeatPick EXCLUDES ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS. OTHER THAN AS SET FORTH IN SECTION 22.1 ABOVE, SeatPick IS NOT LIABLE FOR ANY LOSS OF MONEY, GOODWILL, OR REPUTATION, OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE SYSTEM AND/OR WEBSITE.
You agree to defend, indemnify and hold harmless SeatPick, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees) arising from: (i) your breach of any of the representations and warranties under this EULA; (ii) your use of the System and Website; (iii) the User Generated Content you have posted, uploaded or transmitted in the blogs, forums, chat rooms or on or through the System; (iv) SeatPick's publication, distribution or use of such User Generated Content; (v) your breach of any term of this EULA; (vi) your violation via the User Generated Content of any third-party right under the Terms and/or any law, including without limitation any Intellectual Property right, property right, or privacy right; (v) a violation of any third-party rights, including without limitation Buyers, Users and/or Sellers resulting from or in connection with your use of the advertising services under Section 2.1 above; and/or (vi) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party with relation to the Site and/or System. This defense and indemnification obligation will survive this EULA.
25.1 SeatPick reserves the right to terminate the License and/or your Account and/or your access to the System under its sole discretion, with or without cause.
25.2 Without derogating from SeatPick's right to terminate the License and/or your Account and a your access to the System in accordance with Section 24.1 above, SeatPick may, under its sole discretion, terminate (a) any Seller and/or Buyer's Account; and/or (b) a User's access to the System, with or without prior written notice in the following circumstances: (i) if a Buyer or a User materially breaches any of the terms and conditions of any of the Terms, including but not limited to the representation detailed in Section 13; (ii) due to absence of any activities or use of the Account, including absence of any login to Account, which shall last more than 6 (six) months according to Section 4.4 above; (iv) due to a low level of a Buyer's Rate in accordance with Section 2.1.1 above.
Except as explicitly stated otherwise, any notices (i) to SeatPick shall be given by e-mail to SeatPick email@example.com; and (ii) to you via or to the email address you indicated upon registration or alternatively directly to your Message Box at SeatPick. Notice shall be deemed given immediately once an email is sent, unless the sending party is notified that the email address is invalid; and 3 (three) days after the date of mailing in case of certified mail, postage prepaid and return receipt requested.
27.1 This EULA does not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
27.2 Any claim relating to the Website and/or System or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles.
27.3 Any dispute arising out of or related to your use of the Website and/or the System will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. You hereby waive, and agree to waive in the future, any and all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.
27.4 If any provision of this EULA is found to be unlawful, void, or for any reason unenforceable, then that provision shall be interpreted in favor of SeatPick and will not affect the validity and enforceability of any remaining provisions.
27.5 You may not assign, sublicense or otherwise transfer the License and/or any or all of your rights or obligations under this EULA without SeatPick's prior express written consent.
27.6 No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
27.7 Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
27.8 The Terms, including without limitation this EULA, constitutes the entire terms and conditions between you and SeatPick relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and SeatPick.
SeatPick respects the Intellectual Property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to SeatPick's Copyright Agent: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit SeatPick to locate the material; (iv) Information so that SeatPick can contact you, such as address, telephone number and e-mail address; (v) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. SeatPick's Copyright Agent can be reached as follows: firstname.lastname@example.org.