Effective Date: August 1, 2009
1. USE REQUIREMENTS AND RESTRICTIONS.
1.1. Services Provided to You. Subject to the terms of this Agreement, we may provide you with the Site and sell you tickets to sporting events. Ticket prices may exceed the face value that is the price printed on a ticket and reflect the effort and costs of obtaining and reselling the ticket.
1.2. Information Provided by You. You agree to provide complete, accurate and up-to-date information when using the Site and communicating with us through other means.
1.3. Prohibited Actions. You agree to comply with all applicable laws and regulations, including, without limitation, the laws of the countries in which the sporting events for which you purchase tickets take place. You must refrain from violating any third-party rights in connection with this Agreement. Without limiting the generality of the foregoing, you must not (a) use the Site or tickets sold to you via the Site to, or in any way that would, violate any applicable law or regulation, any contract or any other third-party rights; (b) violate, interfere with, damage or compromise the Site.
1.4. Residency Restrictions. Tickets to some events may not be available to residents of certain countries or areas due to legal, contractual or other restrictions. All orders placed in violation of such restrictions will be cancelled. Without limiting the generality of the foregoing, we do not sell tickets for games involving UK teams that are part of the Premier League, the UEFA Champions League, the UEFA Europa League, the 2010 FIFA World Cup, or any other competition or tournament organized by FIFA or UEFA to residents of the United Kingdom, in order to comply with United Kingdom resale laws for football tickets.
2. PURCHASES AND PAYMENT.
2.1. Ticket Purchase and Delivery. All prices listed on the Site are in U.S. dollars. We use PayPal to process your payments for ticket purchases. Your use of PayPal is subject to the PayPal User Agreement, which is available at http://www.paypal.com/us/cgi-bin/webscr?cmd=p/gen/ua/ua-outside&country.x=US. You hereby authorize us to charge your PayPal account for, and agree to pay, the amount of any purchases made on the Site using such account. Your tickets will be sent to the shipping address associated with your PayPal account at the time of your purchase or such other address that you indicate to us and that we confirm as the delivery address prior to your online ticket purchase ("Delivery Address").
2.2. Taxes and Other Charges. Except as otherwise specified, ticket prices set forth on the Site include shipping fees and all applicable value added, sales, or goods and services taxes that we are required to collect and remit to the applicable tax authorities. You remain fully responsible for use taxes and other taxes and charges imposed on you by any governmental authority.
2.3. Refunds. Except as provided herein, all sales are final and there are no refunds, cancellations or exchanges. Without limiting the generality of the foregoing, there are no refunds for (a) postponed events (unless we agree, at our sole discretion, to attempt to resell the tickets on a consignment basis, but then only in the amount of the lower of the actual resale price and the amount paid by you), or (b) events that are cancelled for any reason due to an act of God (rain out, earthquake, flood, etc.), war, accident, industrial action, strike, protest, lockout, embargo, catastrophic event (e.g., acts of terror), or incident of national security (collectively, "Acts of God"). We will refund the amount paid by you only if (i) no delivery or attempted delivery to the Delivery Address occurs prior to the applicable event, (ii) the applicable event is cancelled for a reason other than an Act of God and refunds are issued for returned tickets by the box office, venue or event organizer, or (iii) we cancel your order due to residency restrictions as set forth in Section 1.4. In order to be eligible for a refund, you must return the affected tickets to us within fourteen (14) days of the first public announcement of the cancellation of the event. We recommend that you send the tickets via certified mail or a carrier that can provide proof of delivery to you.
3. DISCLAIMER OF WARRANTIES. THE SITE AND ALL TICKETS SOLD VIA THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE THEREOF. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE SITE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT DATA LOSS, NOR DO WE WARRANT ANY PARTICULAR QUALITY OF THE SITE, TICKETS, OR EVENTS. 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 exclusions may not apply to you.
4. LIMITATION OF LIABILITY. 4.1. Limited Liability. WE AND OUR AFFILIATES, RELATED BODIES CORPORATE, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS (COLLECTIVELY, OUR "RELATED PARTIES") ARE NOT LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), UNDER STATUTE OR OTHERWISE FOR ANY LOSS OF OR DAMAGE TO BUSINESS OR REPUTATION, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF OPPORTUNITY, LOSS OF ADVANTAGE, LOSS OF DATA, LOSS OF USE OF ANY EQUIPMENT, OR INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EVEN IF WE OR OUR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER THE LIMITED REMEDIES AVAILABLE HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE. IN NO EVENT SHALL OUR LIBILITY AND THE LIABILITY OF OUR RELATED PARTIES TO YOU EXCEED THE AMOUNT PAID OR PAYABLE BY YOU FOR YOUR USE OF OUR SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. THE LIMITATIONS OF LIABILITY IN THIS SECTION 4.1 APPLY TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
4.2. Events Beyond Our Control. We and our Related Parties are not liable for any delay or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, Acts of God, or a delay, failure or default by you, your ISP, or any other supplier of goods or services to us or to you.
4.3. External Links. Without limiting the generality of the foregoing, the Site may contain hyperlinks to websites operated by third parties, including, but not limited to, PayPal and other service providers, advertisers and sponsors, over which we have no control. You acknowledge that we are not responsible or liable for the availability of such linked sites, or for content, advertising, products or other materials that may be available on such linked sites.
5. INDEMNITY. You agree to indemnify and hold harmless us and our Related Parties, at your expense, against any claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by us or our Related Parties arising out of or relating to your breach of any term of this Agreement, or use or misuse of the Site or tickets purchased via the Site.
6.1. Termination by You. You may terminate this Agreement at any time and for any reason by notifying us in accordance with Section 7.3.
6.2. Termination by Us. We may terminate this Agreement at any time on fourteen (14) days' notice to you. Moreover, we may terminate this Agreement immediately without notice if: (a) you breach this Agreement; (b) you become bankrupt or insolvent or make an arrangement with your creditors; or (c) we are ordered by any court or government agency to cancel our service or your use thereof.
6.3. Survival. The provisions of Sections 2.3 and 3 through 7 shall survive any termination of this Agreement.
7.1. Retention of Rights. We retain all intellectual property rights (including, without limitation, rights protected by laws relating to copyright, patents, trade secrets and trademarks) relating to the Site, the design or operation thereof, any modification or enhancements thereto, and any other technical information relating to the provision thereof ("Intellectual Property Rights"). You must not do anything that would jeopardize, damage, limit or interfere with our Intellectual Property Rights or our interest in them. No license to any of our Intellectual Property Rights is granted under this Agreement.
7.2. Entire Agreement; Amendments. 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. We reserve the right to change or amend the terms of this Agreement at any time. If we do this and the change is to your detriment, we will place a notice on the Site or notify you by any other means we deem appropriate in our sole discretion. It is your responsibility to check the Site on a regular basis, including, without limitation, prior to using the Site or purchasing tickets via the Site. Your continued use of the Site constitutes your acceptance of the revised terms.
7.3. Notices. Notices by us to you may be made in any manner we deem appropriate in our sole discretion. Notices by you to us shall be made in writing to the address listed in Section 7.10 below.
7.4. Assignment and Delegation. You must not transfer your account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. Any purported assignment or other transfer in violation hereof shall be null and void. We may assign any of our rights and delegate any of our duties at any time with or without notice. Subject to the foregoing, this Agreement shall inure to the benefit of the parties and their respective successors and permitted assigns.
7.6. Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give it the maximum effect intended. The illegality, invalidity, or unenforceability of such provision in that jurisdiction shall not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
7.7. No Waiver. Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
7.8. Headings. The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
7.9. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. You consent to the jurisdiction of the state and federal courts serving San Francisco, California, for any and all disputes arising under or in connection with this Agreement.
7.10. Consumer Notices. Notices to Thalia Ventures Inc. (dba Premium TicketHub) should be sent to 548 Market Street #34770, San Francisco, CA 94104. Currently there are no charges to the consumer for use of the Site, other than the price of any tickets purchased via the Site and any applicable taxes, shipping fees, and other charges associated with such purchases (to the extent not included in the ticket price). Ticket prices are as set forth on the Site and are subject to change at any time. Please contact us to resolve a complaint regarding any aspect of our service by writing to the address above or calling 415-992-5352. You may call us or write to us to have a copy of this Agreement sent to you by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 1625 N. Market Blvd., Sacramento, CA 95834 or by calling 1-800-952-5210.