License to Use the Application
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.
Tickets are non-refundable.
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.
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.
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.
The Site is not directed toward children under 13 years of age nor does RushTix knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to RushTix.
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.
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.
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@example.com.
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.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any third-party content on RushTix violates your copyright or trademark, please report the infringement to our Compliance Team, which is our DMCA/Trademark Agent that works to protect the RushTix community against the misuse of the software.
In order for RushTix to take action, your request, also known as a “Takedown Notice,” needs to include the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:
To be effective, the notification must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. Your contact information (name, address, telephone number, and email address).
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
It is our policy, in appropriate circumstances, to terminate a users ability to submit, who are repeat infringers or are repeatedly charged with infringement.
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San Francisco, CA 94129