RUSHTIX, INC. TERMS OF SERVICE

Your use of the application of RushTix (the “Company”), through the www.rushtix.com website (the “Application”), is subject to these Terms of Use (these “Terms of Use”). By using the Application, you agree to be bound by, and use the Application in compliance with, these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE APPLICATION.

The terms “you,” “your,” and “yours” refer to you, the user of the Application. The terms “RushTix” “we,” “us,” and “our” refer to the Company. We may periodically make changes to these Terms of Use. It is your responsibility to review the most recent version of these Terms of Use frequently and remain informed of any changes to it. You agree that your continued use of the Application after such changes have been published to shall constitute your acceptance of such revised Terms of Use.

License to Use the Application

Subject to these Terms of Use, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Application for your personal use and not for resale or further distribution on the Company’s website at http://www.rushtix.com. Your right to use the Application is limited by the terms set forth in these Terms of Use.

Membership fees and offers can change over time. Your current membership fee can increase or decrease at our discretion.

Except for this license granted to you, we retain all right, title, and interest in and to the Application, including all related intellectual property rights. The Application is protected by applicable intellectual property laws, including United States copyright law and international treaties.

Except as otherwise explicitly provided in these Terms of Use or as may be expressly permitted by applicable law, you will not, and will not permit or authorize third parties to: (a) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Application; (b) rent, lease, or sublicense access to the Application; nor (c) circumvent or disable any security or technological features or measures of the Application.

No-Show Policy

We reserve the right to charge $10 per ticket per event per user for each no-show. A no-show is defined as not claiming a reserved ticket or canceling before the cancellation deadline.

Access to the Application; Modifications to the Application

We do not provide you with the equipment to access the Application. You are responsible for all fees charged by third parties to access the Application (e.g., mobile data plans or charges by internet service providers).

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Application without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Application.

We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Application at any time, for any or no reason, with or without prior notice, and without liability.

You must be 13 or older to register as a user or to use the Application.

Restrictions

You must comply with all applicable laws, including U.S. export control laws, when using the Application. Except as may be expressly permitted by applicable law or authorized by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works; or other content made available on the Application (“Application Content”) or compile or collect any Application Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Application or store, copy, modify, distribute, or resell any Application Content; (c) rent, lease, or sublicense your access to the Application to another person; (d) use the Application or Application Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Application; (f) use the Application in a manner that threatens the integrity, performance, or availability of the Application; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Application or Application Content.

Privacy Policy

We collect registration and other information about you through the Application. Our collection and use of this information is governed by our Privacy Policy available at http://www.rushtix.com/privacy. When you use our Application, all of the information that you submit, which will include name, email address, photographs, comments, and descriptions, will be publicly available to third parties and we may not have control over what they do with it. By using our Application, you consent to such disclosure.

Links and Third Party Content

The Application may contain links to third party applications, products, services and software. We exercise no control over the third party applications, products, services and software and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third party applications, products, services and software. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third party applications, products, services and software.

Password Restricted Areas of the Application

Certain areas of the Application may be password restricted to registered users (“Password-Protected Areas”). If you have registered as an authorized user to gain access to these Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to immediately notify the Company if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities.

Submissions

The Application allows you and other third parties to post information to the Application, including photographs and comments. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Application are those of the respective authors or producers and not of the Company, or its stockholders, directors, officers, or employees.

The Company does not control the content posted by third parties via the Application and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Application, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will the Company, its stockholders, directors, officers, directors, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Application. It is your responsibility to evaluate the information, opinion, advice, or other content available.

You agree that we are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a “Submission”), including, without limitation, responses to questionnaires or through postings to the Application without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Application and our products and services. Furthermore, by posting any Submission on the Application, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that: (i) you own all right title and interest in your Submissions or otherwise have the right to grant the license set forth herein, and (ii) the posting of your Submissions on or through the Application does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay all royalties, license fees and any other monies owing any person by reason of any Submission posted by you on or through the Application.

Free Trials

New members may be eligible for free trials of RushTix. Please note this only applies to new members. Current members are not eligible for free trials.

Code of Conduct

As a RushTix user you agree to be a respectful member of the community. We reserve the right to discontinue memberships for users who do not uphold this principal. User memberships may be cancelled at any time without notice. Any unused portion of the membership fee will be refunded.

30-Day Money-Back
 Guarantee

If you are not satisfied with the RushTix membership within the first 30 days after your first payment, you can get a refund. We will cancel the product immediately upon your refund request. This applies only to new accounts.

Use Restrictions

You are solely responsible for any content and other material that you submit, publish or display on the Application or transmit to other members and/or other Application users.

You will not use the Application to: (a) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm the Company or third parties in any way; (c) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (f) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (g) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Application or servers or networks connected to the Application, or disobey any requirements, procedures, policies or regulations of networks connected to the Application; (i) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (j) “stalk” or otherwise harass another; (k) write comments that in any way refer to persons under 18 years of age; or (l) collect or store personal data about other users.

You may only book tickets on behalf of yourself. You may not login under other member accounts to book tickets on their behalf. We reserve the right to cancel memberships based on abusive behavior, consistent no-shows to events, or any violations of our community rules.

If you see content on the Application that violates these use restrictions, please contact the Company at [email protected].

Disclaimer of Warranties

YOUR USE OF THE APPLICATION AND APPLICATION CONTENT IS AT YOUR SOLE RISK. THE APPLICATION AND APPLICATION CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE APPLICATION AND APPLICATION CONTENT, SUCH AS PRICING OF APPLICATIONS IN THE APPLE APP STORE, AND YOU RELY ON THE APPLICATION AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE APPLICATION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE APPLICATION AND APPLICATION CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE APPLICATION OR APPLICATION CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED TEN DOLLARS ($10). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected] and provide the Company’s copyright agent, in writing, the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location or other applicable identifying information where the copyrighted work exists or a copy of the copyrighted work; (iii) identification of the URL or other specific location on the Application where the material that you claim is infringing is located; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Company’s agent for notice of claims of copyright infringement on this site can be reached using the contact information below.

Indemnity

You will indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Application, your violation of these Terms of Use, or your violation of any rights of a third party through use of the Application.

Updates to the Application and Terms of Use

We may occasionally update the Application and these Terms of Use. When we do, we will revise the “last updated” date on these Terms of Use. You should check the Application and these Terms of Use frequently to see recent changes. Your continued use of the Application after such changes will be subject to the then-current terms of use. This version of these Terms of Use shall supersede all earlier versions.

Legal Notices

Enforcement of these Terms of Use will be governed by California law, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms of Use or your use of the Application will lie in the State and Federal courts located in San Francisco County California. and you irrevocably agree to submit to the jurisdiction of such courts. The failure of the Company to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. In the event that a court of competent jurisdiction finds any provision of these Terms of Use to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.

Contacting Company

If you have any questions or concerns about the Application or these Terms of Use, please send us a thorough description by email to [email protected], or write to us at: 600 California Street, 11th Floor, San Francisco, CA 94108.