Welcome to UticketIt.com (the “Site”), operated by UticketIt.com, Inc. (hereinafter “UTicketIt,” “We,” or “Us”). The Site specializes in providing an internet forum to allow sellers (“Sellers”) and buyers (“Buyers”) to link via world wide web for the sale and purchase of tickets to events (the “Services”). UTicketIt does not coordinate events or offer tickets for sale on its own account, rather, its sole activity is to create a marketplace to connect third party Sellers and Buyers. UTicketIt is unable to verify and makes no representations or warranties as to the accuracy, completeness, or authenticity of any posted information.
The Site and Services are intended for use only by individuals over the age of eighteen (18). By registering, or otherwise using the Site and Services, you represent and warrant that you over the age of eighteen (18).
You may use this site for purposes expressly permitted by this site. You may not use this site for any other purpose, including any commercial purpose, without UTicketIt’s express prior written consent.
Use of the Site and Services
You may use the Site and Services only for expressly permitted and lawful purposes. You expressly agree not to use the Site or Services:
- to engage in any activities that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, or infringe upon the rights of others in any way;
- to make available any material that infringes any copyright, patent, trademark, trade secret, or any other proprietary or intellectual property rights of any person or entity;
- to impersonate any person or entity, or otherwise misrepresent yourself or anything about yourself;
- in any manner that could damage, disable, overburden, or impair the Site or the users’ enjoyment of the site;
- to post personally identifiable information about any person that is not yourself without that persons explicit consent;
- to post content that is false, deceptive, misleading, deceitful, or fraudulent;
- to distribute junk mail, spam, or unsolicited commercial advertisement, or to contact any users with any form of commercial advertising or solicitation, unless you have obtained their express consent to receive such materials;
- to post any files or programs that contain software viruses, trojan horses, malware, spyware, or other malicious files or programs that are designed to interrupt, destroy, limit the functionality, or co-opt computer hardware or software;
- to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the site;
- to attempt to gain unauthorized access to UTicketIt’s computer systems or networks; or
- to upload, post, transmit, share, store, or otherwise make available Content that, in the sole judgment of UTicketIt, is objectionable or which restricts or inhibits any other person from using or enjoying the website, or which may expose UTicketIt or its users to any harm or liability of any kind.
- to engage in any other similar behavior, which UTicketIt, in its sole discretion, finds objectionable.
Termination of Services
UTicketIt reserves the right (but not the obligation), in its sole discretion, to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to, or use of, the Site and/or Services immediately and without notice, for any reason whatsoever, or no reason at all. You agree that UTicketIt shall not be liable to you are any third-party for any termination of your access to, or use of, the Site or Services.
Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third parties.
You agree that UTicketIt shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between USERS of this Site or Service, or between users and any third party, you understand and agree that uticketit is under no obligation to become involved. In the event that you have a dispute with one or more other SELLERS OR BUYERS, you hereby release uticket, its officers, directors, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Site or Service.
Third Party Links
Payment and Refunds
If applicable, orders are not binding upon UticketIt until accepted by UTicketIt. Terms of payment are within UTicketIt’s sole discretion. UTicketIt may utilize third-party vendor payment processing systems. Your use of any such third-party payment processers is subject to the terms and conditions are subject to their applicable policies and terms and conditions of service.
UTICKETIT SHALL RECEIVE PAYMENT FROM BUYERS HOLD SUCH PAYMENTS IN ESCROW UNTIL APPROXIMATELY SEVEN (7) BUSINESS DAYS AFTER THE DATE OF THE ADVERTISED EVENT. PROVIDED THAT (I) THE EVENT AS ADVERTISED ON THE SITE WAS ACTUALLY HELD, AND (II) SELLER HAS STRICTLY COMPLIED WITH THESE TERMS AND CONDITIONS AND ANY OTHER POLICIES OF UTICKETIT, SELLER SHALL RECEIVE PAYMENT OF MONIES PAID BY BUYER APPROXIMATELY SEVEN (7) BUSINESS DAYS AFTER THE DATE OF THE ADVERTISED EVENT LESS UTICKETIT’S STATED SERVICE FEES AND ANY CREDIT CARD OR OTHER PAYMENT PROCESSING FEES. SELLER SHALL BE RESPONSIBLE FOR ALL FEDERAL, STATE, AND LOCAL TAXES, IF ANY, ASSOCIATED WITH THE SALE OF TICKETS.
SELLER EXPRESSLY AGREES TO NOTIFY UTICKETIT AT SUPPORT@UTICKETIT.COM WITHIN FORTY-EIGHT (48) HOURS AFTER THE STATED DATE AND TIME OF THE EVENT IF THE EVENT WAS NOT HELD IN SUBSTANTIAL CONFORMANCE WITH WHAT WAS ADVERTISED. IN THE EVENT THAT THE EVENT IN QUESTION WAS NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER, THEN SELLER SHALL NOT BE ENTITLED TO, AND UTICKETIT SHALL MAKE NO PAYMENTS TO SELLER. SELLER EXPRESSLY AGREES THAT SELLER SHALL REFUND ANY MONIES TO UTICKETIT WHICH WERE PAID BY BUYER AND LATER DISPUTED BY BUYER AS CHARGEBACKS OR ANY OTHER CREDIT CARD DISPUTE WITHIN FORTY-EIGHT (48) HOURS AFTER RECEIPT OF NOTICE FOR SUCH REFUND BY UTICKETIT.
BUYERS SHALL NOTIFY UTICKETIT AT SUPPORT@UTICKETIT.COM WITHIN FORTY-EIGHT (48) HOURS FROM THE TIME AND DATE OF THE EVENT IF THE EVENT WAS CANCELLED OR NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER. IF UTICKETIT DETERMINES, IN ITS SOLE DISCRETION, THAT SUCH EVENT WAS CANCELLED OR NOT HELD IN SUBSTANTIAL CONFORMANCE AS ADVERTISED BY SELLER, THEN UTICKET SHALL REFUND THE TICKET PRICE AS PAID BY BUYER, LESS ANY THIRD PARTY PROCESSING FEES.
Consent to Receive Notices By Electronic Mail
You expressly agree that all notices from UTicketIt may be received by electronic mail or other electronic means, and that all such notices shall be considered valid.
You hereby grant to UTicketIt the royalty-free, perpetual, irrevocable, worldwide, non‑exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to UTicketIt through this Site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. UTicketIt will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future UTicketIt operations.
You understand that this Website is provided “as-is,” and UTicketIt cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties.
YOUR USE OF THIS SITE AND SERVICES IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. UTicketIt disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, AND NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
UTICKETIT does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. UTICKETIT does not warrant or make any representation regarding YOUR use, or the result of use, of the content in terms of accuracy, reliability, or otherwise OR THAT IT WILL MEET YOUR REQUIREMENTS. You, and not UTICKETIT, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. UTICKETIT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT UTICKETIT PROVIDES THE SOLE SERVICE OF CREATING A MARKET PLACE FOR BUYERS AND SELERS AND IS NOT, SHALL NOT, AND SHALL NOT BE DEEMED TO BE, A PARTY TO ANY TRANSACTION ENTERED INTO BETWEEN BUYERS AND SELLERS. UTICKET MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY, RELIABILITY, OR ACCURACY OF INFORMATION PROVIDED BY OTHER USERS OF THE SITE.
Limitation On Liability
BY USING THIS SITE, YOU REPRESENT AND WARRANT THAT YOU UNDERSTAND AND AGREEE THAT:
- UTICKETIT and ITS OFFICERS, DIRECTORS, EMPLOYEES, or AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REPUTATION, GOODWILL, USE, DATA, PROFITS OR OTHER INTANGIBLE LOSSES, BUSINESS INTERRUPTION, LOSS OF INFORMATION (EVEN IF THE uticketit HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE site, services, or content; (II) THE COST OF PROCUREMENT OF SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE site; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE site or SERVICE; (V) ANY OTHER MATTER RELATING TO THE SERVICE; OR (VI) ANY LOSS SUSTAINED IN ATTENDANCE AT AN EVENT FOR WHICH TICKETS HAVE BEEN PURCHASED THROUGH THE SITE. IN NO EVENT WILL uticketit, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, DESIGNEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION.
- UTICKETIT, its officers, directors, employees, and AGENTS SHALL NOT BE RESPONSIBLE OR LIABLE FOR (A) ANY DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS THE RESULT OF YOUR ACCESS TO, USE OF OR BROWSING IN OUR SITES OR YOUR DOWNLOADING OF ANY CONTENT, INFORMATION, MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM the site or service, OR (B) ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF the SITe, service, CONTENT, DATA, MATERIALS OR INFORMATION FOUND THEREIN, (II) ANY FAILURE OR DELAY IN THE USE OF OR INABILITY TO USE ANY COMPONENT OF THe SITE, OR (III) ANY PERFORMANCE OR NON PERFORMANCE BY US, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO A PARTY OR PARTIES.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU MUST USE CAUTION WHEN CONTACTING THIRD PARTIES THROUGH OUR WEB SITE INCLUDING BUT NOT LIMITED TO buyers, sellers, or REGISTERED MEMBERS. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF TWO HUNDRED FIFTY DOLLARS ($250.00). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
YOU HEREBY AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD UTICKETIT (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGE, LIABILITY, OR EXPENSE ARISING OUT OF OR RELATING TO ANY THIRD-PARTY CLAIM, ACTION, DEMAND OR ALLEGATION BROUGHT AGAINST THE COMPANY BASED UPON OR RELATING TO, DUE TO OR ARISING OUT OF (A) A DISPUTE BETWEEN YOU AND A VENDOR OR A USER (REGISTERED OR OTHERWISE) OVER THE TERMS AND CONDITIONS OF A CONTRACT OR RELATED TO THE PURCHASE AND SALE OF ANY GOODS/SERVICES, (B) YOUR BREACH OF THESE TERMS, (C) ANY ACTION BY YOU, A BUYER, OR A SELLER, OR A USER (REGISTERED OR OTHERWISE) WHICH VIOLATES ANY LAW, REGULATION OR RIGHTS OF A THIRD PARTY, (D) CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TERMS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, OR (E) ANY LOSS SUSTAINED IN ATTENDANCE AT AN EVENT FOR WHICH TICKETS HAVE BEEN PURCHASED THROUGH THE SITE.
UTICKETIT IS NOT A PARTY TO ANY ACTUAL ENGAGEMENT BETWEEN BUYERS AND SELLERS. UTICKETIT HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF SELLERS OR THEIR EVENTS. YOU ARE WHOLLY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT IN ACCESING THE SITE. THE COMPANY CANNOT AND DOES NOT CONTROL WHETHER OR NOT SELERS WILL DELIVER THEIR EVENTS OR OTHER SERVICES. FURTHER, IT IS NOT COMMERCIALLY REASONABLE FOR UTICKETIT TO AUTHENTICATE BUYERS AND SELLERS, AND UTICKEIT CANNOT AND DOES NOT CONFIRM THAT BUYER AND SELLER IS WHO IT CLAIMS TO BE. UTICKETIT ENCOURAGES YOU TO DEVELOP SAFE BUSINESS PRACTICES WHEN USING THE SITE, SERVICES AND CONTENT. YOU RELEASE UTICKETIT (AND ITS DESIGNEES, AGENTS, OFFICERS, DIRECTORS AND EMPLOYEES) FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND INCIDENTAL DAMAGES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR RELATIONSHIP WITH BUYERS AND SELLERS OR THE PRODUCTS OR SERVICES PROVIDED BY THE SELLERS, OR ANY ACTIONS OR OMISSIONS OF A BUYER OR SELLER). IN NO WAY WILL UTICKETIT BE LIABLE FOR ANY LEGAL ACTIONS BROUGHT AGAINST YOU BY SUCH BUYER OR SELLER).
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Jurisdiction and venue of any such arbitration is only appropriate in Champaign County, Illinois and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
UTicketIt values your input and encourages you to submit your feedback.
3011 West 183rd Street
Homewood, IL, 60430
Last updated: July, 18th, 2010
© 2010 UTicketIt.com, Inc.