Flashseats.com is an electronic marketplace provided by Flash Seats, LLC that allows persons holding electronic tickets or rights to enter events, to park during events and/or to access concessions during events (individually or collectively, “Right” or "Rights"), and to sell or transfer such Rights to other persons. Holders of Rights, whether they are the original holder, a transferee or a purchaser, may redeem such Rights at the venue of the event for which they hold Rights. To redeem the Rights, the holder will scan a credit card, state issued identification card, and/or mobile device that they have previously registered with us when they enter the venue. The holder will then be able to enter the event, park and/or purchase a preset dollar value of concessions, depending upon the type of Right that they are redeeming. All associated patents can be viewed at our Patent Information Marketing page.
The following describes the terms and conditions under which the services of this website, www.flashseats.com (the “Site”) and our Flash Seats mobile application (the “Mobile Application”) (the Site and the Mobile Application may also be referred to herein individually as a “Site” or collectively as the “Sites”) are provided to consumers (collectively, this "Agreement"). By entering a Site and using any service provided by such Site including, but not limited to, viewing any of its content or purchasing any tickets, Rights, or merchandise, you agree to be bound by this Agreement and the terms of our Privacy Policy and by the terms and conditions specific to the venue/event, all of which are part of the Agreement.
In this Agreement, underlined terms serve as links to pages within the Site that contain important information concerning your use of our services. We suggest that you access and become familiar with these pages including, but not limited to, our Privacy Policy and the specific terms and conditions for each event and/or venue for which you hold Rights as you read this Agreement. We may, in our sole discretion, change this Agreement at any time by updating this page. You are bound by all such modifications, and it is your responsibility to review this Agreement on a regular basis. Your continued use of any Site constitutes your agreement to all such terms, conditions and notices.
All uses of the words "us," "we," "our," "the Company" or "Flash Seats" are references to Flash Seats, LLC.
Prohibited Uses
You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide services to users.
You are prohibited from selling or offering for sale your Rights through another publicly available marketplace, whether or not electronic or accessible through the Internet. Any use of our Sites to facilitate the sale of Rights through another publicly available marketplace may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our Site; (ii) a charge of our sales and/or transfer fee, calculated with respect to the full sales price of such Rights sold or transferred, assessed against the seller/transferor of such Rights (such fee will be charged to the credit card on file for the seller/transferor twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor’s rights to use our Sites and any or all of our other services; and (iv) revocation of such sold or transferred Rights by the event/venue.
You are prohibited from establishing any deep link or other connection to any specific page or pages of our Sites other than the Home Page, without our express written consent. You may not use any Flash Seats logo, trademark or other proprietary graphic as part of the link except the words "Flash Seats" without our express written consent. You will not post or transmit through any Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; (iv) creates or attempts to create any liability of Flash Seats; (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISPs, suppliers and vendors. Any conduct by you that we determine in our sole discretion restricts or inhibits any other consumer from using or enjoying any Site is expressly prohibited.
You are prohibited from downloading or copying any content displayed on any Site for purposes other than preserving information for your personal use, without our express prior written consent.
We grant you a limited license to make personal use only of our Sites. Such grant does not include, without limitation: (a) any commercial use of the Sites content therein; (b) derivative uses of our Sites and their contents; (c) use of any data mining, robots or similar data gathering and extraction methods or (d) reproduction, copying or redistribution for commercial purposes of any materials or design elements of our Sites. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Flash Seats or any third party. Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. We reserve the right, without notice and in our sole discretion, to terminate your license to use our Sites and to block or prevent future access to and use of our Sites.
Your Account
The personal information you provide to us in order to establish your account is subject to our Privacy Policy, which you acknowledge that you have read. If you use our Sites, you are entirely responsible for maintaining the confidentiality of your account, your password, your security questions and answers thereto and for restricting access to your account. Further, you are entirely responsible for any and all activities that occur under your account and/or password. We shall not be responsible for any unauthorized use of your account and/or password. You may not use anyone else’s account at any time without the permission of the account holder.
Without limiting the generality of the preceding paragraph, as a seller of Rights, you agree never to specify or include any of the following within the seller comments area of ticket listings:
· Personally identifiable information (including, but not limited to, your name, business name, street address, phone numbers, or email addresses);
· Offensive, profane or abusive information or remarks;
· Obscene, indecent, pornographic or unlawful information or remarks;
· Libelous, slanderous, defamatory, or infringing information or remarks;
· JavaScript or any other scripting language; or
· HTML or HTML tags.
We reserve the right to refuse service, terminate accounts and remove or edit content in our sole discretion.
Browsing the Sites
There is no fee for accessing a Site and viewing our content or any third-party content that we display.
Forwarding Your Tickets
You may use the “Forward Tickets” function to forward Rights to your guests or to have tickets reissued to you. Forwarding fees may apply and vary by event and venue. You should consult the forwarding fee schedule found within each event and venue’s branded area.
Selling or Transferring Your Rights
Certain venues may allow you to sell your tickets or Rights through our Sites. Seller, buyer and transfer fees may vary by event and venue. You may, as a seller, agree in advance to assume the buyer’s fees. Please consult the sales and/or transfer fee schedule found within each event and venue’s branded area. In certain jurisdictions, sellers are obligated to collect and remit an admissions tax on the proceeds of a sale that exceed the original purchase price of the Rights. We reserve the right to withhold the applicable tax and remit it to the appropriate taxing authority on your behalf. In the event that you sell or transfer any rights through another publicly available marketplace in violation of this Agreement, we may charge you sales and/or transfer fees. Applicable sales and/or transfer fees will be assessed against the seller/transferor of any Rights that are so sold or offered for sale or transferred. Our sales fee will be charged as provided under Prohibited Uses to the credit card on file for the transferor.
Purchasing Rights
If you decide to purchase Rights or merchandise, you agree to pay, in addition to the price for the Rights or merchandise, other fees and charges that we impose, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax.
Buyer fees may vary by event and venue. Please consult the buyer fee schedule found within each event and venue’s branded area. We reserve the right to increase or decrease this fee at any time without advance notice for future transactions.
There are no shipping fees for Rights purchased. With regard to merchandise, the amount of each fee will vary, depending on the merchandise you purchase and the method of delivery that you select to receive your merchandise.
We do not review, nor do we warrant or guarantee, the accuracy of any information provided by sellers of Rights in the seller comment areas of ticket listings. You should base your purchase decision solely on the information indicated by the Section, Row and Seat Number in the listing.
You are urged to review all pages displayed during your completion of a purchase or placing of a bid (when you place a bid you agree to purchase the Rights that you bid on if the seller of such Rights accepts your bid). All fees and charges relating to your transaction will be disclosed to you during the purchase and/or bidding process. If you do not agree to pay the fees or charges associated with your purchase and/or bid, you may cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event and Rights relating to such event prior to completing your purchase.
General Fee Information
Fees and charges including, but not limited to, charges for issuance, convenience, handling, processing, shipping, delivery (including, but not limited to, charges for courier delivery) and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit.
Mobile Application
We allow you the right to download, install and use the Mobile Application on your mobile phone to (1) access the Site’s marketplace and purchase tickets, and (2) to accept delivery of and access a virtual ticket, in accordance with these terms and conditions. The Mobile Application enables you to search for events in a designated geographic region, and then to purchase tickets for such events via the Mobile Application. When purchasing tickets via the Mobile App, we will request that you verify your identity via an activation code, delivered to you by voice call or SMS text in order to enhance the security of your transaction.
Your use of the Mobile Application
The Mobile Application is provided to you free of charge and on an ‘as-is’ basis. We have tried to make sure that it will work on each compatible Mobile device, however, we do not promise that the Mobile Application will be suitable for your needs, or that it will work accurately or in a particular way. All implied promises or warranties related to the Mobile Application, and access to the marketplace through it, are excluded.
Data Charges and Access
You will only receive calls or text messages when you request or otherwise agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your telephone or mobile carrier. Check with your phone carrier or review the terms of your plan for details. Mobile plans, supported mobile providers, coverage, pricing and billing are not within our control and are subject to change. If you are using the Mobile Application on an overseas network, the cost of data usage may be considerably higher than when at home. For ticket purchases via the Mobile Application, certain types of phone numbers may not be acceptable for verification purposes in our discretion, such as Pre-Paid Mobile, Toll-Free, Non-Fixed VOIP, and Restricted Numbers, which are higher security risks than contracted mobile phones with traceable numbers, and Fixed Line phones such as traditional landline phones.
Support & Communications
While we have tried to get a broad coverage of Mobile devices, our Mobile Application will not work on all Mobile devices. Download and operation success may depend on Mobile device settings.
If you have any questions or problems with the Mobile Application, please contact us by email at: customerservice@flashseats.com, or by phone at: 1-888-320-7328. Please note that we may cease to operate and support the Mobile Application, or a particular version of it, at any time. If this happens, you will be unable to access the marketplace Site through the Mobile Application. Where we think that it is reasonable to do so, we also reserve the right to either require you to delete the Mobile Application, or to remotely deactivate the Mobile Application from your mobile device.
Updates & Availability
From time to time, we may issue updates to the Mobile Application, in which case you may not be able to continue use of the version of the Mobile Application installed on your mobile device without downloading the relevant update. We cannot accept any liability for errors that become apparent in old versions of the Mobile Application.
Security
You can use your Mobile Application to store details of ticket purchases and payment card details. You should ensure that your mobile device is protected by a suitable PIN number or password so that if lost/stolen your stored details cannot be used or accessed.
Restrictions
The Mobile Application is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Transactional Considerations
All scheduled actions including, but not limited to, listing expirations and bid expirations will be processed approximately at the date and time specified as indicat
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