Seateroo Terms and Conditions
This User Agreement (the “Agreement”) sets forth the terms for use of the services offered by Swapped Seat, Inc. doing business as Seateroo (the “Services”). This Agreement forms a binding contract between you and Seateroo and applies to your entire relationship with Seateroo and the Services. By using Seateroo.com (the “Website”) or the Seateroo app (the “App”), you agree to be bound by the Agreement and comply with your obligations under the Agreement. If you do not agree, then discontinue use the Website and the App immediately.
This Agreement provides that all disputes between us and you will be resolved either by binding arbitration by a neutral arbitrator, or if available, in small claims court, in all cases without any right to trial by jury or as part of a class action proceeding. Please review the Arbitration Agreement below for further details regarding your agreement to arbitrate any dispute with us.
You may use this Website or App for swapping seats while on a qualifying flight and participating in our various blogs only. You may not harm the Website or App in any way or otherwise use the Website or App in any improper manner, including, but not limited to hacking into the Website’s or App’s systems, spoofing or faking email headers or slowing or stopping the functionality of the Website or the App. Neither the Website or the App is directed to children under the age of 18. If you are under the age of 18, you may use the Website or App only with involvement of a parent or legal guardian (over the age of 18). Seateroo reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
AIRLINE RULES AND RESTRICTIONS
Use of the Website or the App does not eliminate the need to comply with any applicable airline rules or restrictions, including the instructions of airline personnel before or during a flight. You agree that, should airline personnel prohibit a seat swap during your flight, then you will follow their instructions. if a seat swap completed via the website or the app is disallowed by airline personnel, then Seateroo will provide refunds in accordance with currently applicable refund policies.
LICENSE TO USE THE WEBSITE AND THE APP
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Website and the App only for the purpose of swapping seats for a qualifying flight and participating in our various forums or blogs and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you. While using the Website and the App, you agree to comply with all applicable laws, rules and regulations.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Website and App or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Website and App or make any use of the Website and App for the benefit of another business unless explicitly permitted by us in advance.
You shall not upload to, distribute, or otherwise publish through this Website any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses, defects, date bombs or other harmful code or properties.
You shall not:
- “Frame” or “mirror” any part of the Website;
- Link to any page of or content on the Website other than the URL located at http://www.seateroo.com;
- Use any robot, spider, offline reader, website search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Website. Notwithstanding the foregoing, Seateroo grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Seateroo reserves the right to revoke these exceptions either generally or in specific cases;
- Harvest or collect information about Website visitors or members without their express consent; or
- Take any action that imposes or may impose (in Seateroo’s sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure.
You may browse the Website and the App and view content without registering, but as a condition to using certain aspects of the Website, you may be required to register with Seateroo and select a user ID (“User ID”) and password. All registration information shall be accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Seateroo suspects, for any reason, that such information is untrue, inaccurate, not current or incomplete, Seateroo, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Website or the App. You shall not (i) select or use as a User ID a name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene. Seateroo reserves the right to refuse registration, cancel a User ID or deny access to the Website or App in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Seateroo password. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You shall never use another user’s account without such other user’s express permission. You will immediately notify Seateroo in writing of any unauthorized use of your account, or other account related security breach of which you are aware. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.seateroo.com and immediately notify us of the problem by emailing us at firstname.lastname@example.org.
The information and materials provided on or through the Website or the App, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links (collectively, the “Materials”) are owned exclusively by Seateroo, and are intended to educate and inform you about the products and services offered or described on the Website or the App. The Website and the App, including all the software, databases, proprietary information and Materials (and any intellectual property and other rights relating thereto) including, without limitation, the selection, sequence and “look and feel” and arrangement of items, is owned and operated by Seateroo and will remain the property of Seateroo. The Website is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Website or the Materials.
The trademarks, logos, and service marks displayed on the Website and the App (collectively the “Trademarks”) are the registered and unregistered trademarks of Seateroo, Seateroo’s licensors and suppliers, and others. The Trademarks owned by Seateroo, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Seateroo, in any manner that is likely to cause confusion with customers, or in any manner that disparages Seateroo. Nothing contained on the Website and the App should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Seateroo, Seateroo’s licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Seateroo will aggressively enforce its intellectual property rights in such Trademarks.
Seateroo does not sell airline tickets. Rather, Seateroo provides a service that allows a ticketed passenger on flight to swap seats with another ticketed passenger on the flight. As such, you will be charged a service fee for swapping seats using Seateroo (a “Transaction”). Price and availability of any seat swap offer are subject to change without notice until such time as a Transaction is completed. Refunds and exchanges will be subject to Seateroo’s refund and exchange policies then in effect.
INFORMATION PROVIDED BY SEATEROO
Although Seateroo strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Website and the App is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although Seateroo endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials may have been contributed to the Website by various third parties. The inclusion of such information does not indicate any approval or endorsement thereof, and Seateroo expressly disclaims any liability with respect to the foregoing.
FORUMS AND USER CONTENT
We and our designees may host message boards, blog feeds and other forums found on the Website or the App (collectively, the “Forums”), and you may have the ability to provide or upload to Seateroo creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, “User Content”). No areas of this Website may be used by our visitors for any commercial purposes such as to conduct sales of airline tickets, boarding passes, merchandise or services of any kind.
By sending or transmitting User Content to us, or by posting such User Content to any area of the Website or the App, you grant us and our designees a perpetual, worldwide, non-exclusive, unlimited, transferable, sub-licenseable (through multiple tiers), assignable, royalty-free, irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display, store, digitally perform, publish (on the Website, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Seateroo’s sole discretion, in any way, in any and all media now known or hereinafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. None of the User Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Content. If Seateroo does decide, in its sole discretion, to attribute User Content to you, you hereby grant Seateroo the right to use your member name with respect to such attribution, and waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your member name. For clarity, the foregoing license grant to Seateroo does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to the material in your User Content, unless otherwise agreed in writing.
You further acknowledge that Seateroo (a) is under no obligation to post, display or otherwise use any User Content, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Seateroo receives directly or indirectly from the use or display of your User Content or otherwise from the exercise of Seateroo’s rights granted under these Terms. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Seateroo or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of User Content, or any derivative works thereof, infringe any of your rights as creator of the User Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”
Information on our Forums may be provided by our staff and other contributors, some of whom use anonymous screen names and are people not otherwise connected with Seateroo. You acknowledge that a large volume of information is available in our Forums and that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourages any such conduct, or that otherwise violate any of the limited license to use the Website or the App, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Seateroo with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Website or the App by third parties, whether such third parties are visitors to the Website or the App, members of the Seateroo community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Seateroo. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances will we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Website or the App. If notified by a user of User Content that allegedly does not conform to these Terms, Seateroo may in its sole discretion investigate the allegation and determine in good faith and in its sole discretion whether to remove the User Content.
By submitting User Content you certify that either (i) you are eighteen (18) years old or are an emancipated minor and have the right to submit the User Content and grant the licenses provided hereunder, or (ii) you are at least seventeen (17) years old and have obtained your parent’s or legal guardian’s express consent to submit the User Content and to grant the licenses provided hereunder.
You shall be solely responsible for your own User Content and the consequences of posting or publishing them. In connection with User Content, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Content and to grant the rights and licenses to Seateroo under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Content in the manner contemplated by the Website or the App and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of such person in the manner contemplated by the Website or the App and these Terms or, if such persons are minors, the written consent, release, and/or permission of such minor’s parent or legal guardian.
You acknowledge and agree that we have the right (but not the obligation) to monitor the Website and the App and the Forums and the User Content that you or third parties transmit or post; to alter or remove any such User Content (including, without limitation, any posting to a Forum); to disclose such User Content and the circumstances surrounding their transmission to any third party in order to operate the Website and the App properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
This Agreement applies also to users of social media websites managed by Seateroo and hosted by third-party providers (e.g., Facebook.com, Twitter.com, LinkedIn.com, etc.). Seateroo reserves the right to remove comments or content on its social media websites and may block further posting on its social media websites by any individual who violates this Agreement. Seateroo disclaims all liability in any way connected to the use of or access to its social media websites.
This Website and the App may contain links to other sites on the internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
CLAIMS OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Seateroo infringe your copyright (for example, materials posted by Seateroo on one of our Forums), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website or the App are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Seateroo to locate the material on the Website or the App; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) 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; and (f) 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. Additionally, if you believe in good faith that a notice of copyright infringement has been wrongly filed by Seateroo against you, the DMCA permits you to send Seateroo a counter-notice. If you fail to comply with all of the applicable requirements of the DMCA, your notice and/or counter-notice may not be valid.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website and the App should be sent to Seateroo [330 A Street, Suite 30 San Diego, CA 92101] or email@example.com. Be aware that there can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
ACCESS FROM OUTSIDE THE UNITED STATES
The Website and the App is directed to individuals residing in the United States for use at venues located in the United States. We make no representation that Materials available on or through the Website and the App are appropriate or available for use in other locations. Those who choose to access the Website or the App from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Seateroo offers various browsing and mobile messaging services including, without limitation, alerts, contests, sweepstakes and offers for Services. You may choose to receive Seateroo mobile alerts by signing up or entering a mobile promotion.
Message and data rates may apply, according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving text messages. Under no circumstances will Seateroo be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number as a result of a promotion. If your carrier does not permit text alerts, you may not receive the Seateroo text alerts. Pre-paid phones or calling plans may not be supported. You may receive a bounceback message for every message you send to Seateroo. Service may not be compatible with all handsets.
You may opt out of any alerts by replying with the text “STOP” to such alert or sending the message “STOP” to the shortcode provided. We will make every attempt to remove your mobile telephone number from the Seateroo text database as soon as possible, but please allow up to ten (10) days. For additional help, email firstname.lastname@example.org.
Seateroo disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in Seateroo mobile messaging. Seateroo disclaims any responsibility for the deletion, failure to store, misdelivery or untimely delivery of any information or material by Seateroo or by you. Seateroo disclaims any responsibility for any harm resulting from information or material through Seateroo mobile messaging.
In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and the App and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of the Website and the App in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
THE WEBSITE AND THE APP, THE MATERIALS ON THE WEBSITE AND THE APP, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE AND THE APP IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SEATEROO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND THE APP, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE AND THE APP, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
SEATEROO DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE AND THE APP WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND THE APP, THE SERVER(S) ON WHICH THE WEBSITE AND THE APP IS HOSTED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE AND THE APP, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE APP AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SEATEROO, WHETHER MADE ON THE WEBSITE AND THE APP OR OTHERWISE, SHALL CREATE ANY WARRANTY. SEATEROO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE AND THE APP OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SEATEROO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WEBSITE AND THE APP AND ANY MATERIALS PROVIDED THROUGH THE WEBSITE AND THE APP ARE ENTIRELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
NEITHER SEATEROO NOR ANY OF OUR AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE APP AND/OR MATERIALS CONTAINED ON THE WEBSITE, THE APP OR ANY LINKED WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE OR THE APP. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SEATEROO SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF ANOTHER USER TO THE WEBSITE OR THE APP TO CONFORM TO THE REQUIREMENTS OF THIS AGREEMENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND APP, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SEATEROO, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND APP, (IV) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND APP BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA WEBSITE OR THE APP, AND/OR (VI) OR THE FAILURE OF A VENUE TO HONOR A SEAT UPGRADE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND THE APP OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, THE APP, MATERIALS, OR LINKED WEBSITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF SEATEROO, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO SEATEROO DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEEDING THE DATE YOUR CLAIM FIRST AROSE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You acknowledge that you may have or may in the future have claims against Seateroo which you do not know or suspect to exist in your favor when you agreed to this Agreement and which if known, might materially affect your consent to this Agreement. You expressly waive all rights you may have under Section 1542 of the California Civil Code or any similar provision under any other applicable law, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
You agree to indemnify, defend and hold Seateroo, its affiliates, licensors, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) any allegation that any User Content or other materials you submit to us or transmit to the Website or the App infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Website or the App.
JURISDICTION AND GOVERNING LAW
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including, without limitation, claims relating to your use of the Website or the App, any statements or advertising on the Website or the App, your purchase seat swap through the Website or the App, and/or any fees or other amounts you paid to Seateroo in connection with the purchase of a seat swap through the Website or the App;
- claims that arose before this or any prior Agreement (including, but not limited to, claims relating to advertising); and
- claims that may arise after the termination of this Agreement.
If for any reason a claim proceeds in court rather than in arbitration WE EACH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that either of us may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Further, unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph.
If a dispute arises between us, we strongly encourage you to first contact us directly to seek a resolution by contacting our Customer Support [email@example.com] before resorting to arbitration or asserting a claim in small claims court. We value our relationship with our customers and will try to resolve your claims informally and expeditiously. To that end, before either of us may begin an arbitration proceeding, written notice must be sent to the other describing the claim. If to us, the notice should be sent to our Company address [Seateroo 330 A Street, Suite 30 San Diego, CA 92101] and if to you, at the current address you provided in your customer account. If the claim has not been resolved within 30 days of sending the notice, either party may then commence an arbitration proceeding. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county or parish where you live or at another mutually agreed location.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
Seateroo gathers two basic types of information through the Website or the App: “Personally Identifiable Information” (or “PII”) and “Non-Personally Identifiable Information” (or “Non-PII”). PII is information that identifies or can identify you as an individual (such as mailing address, email address, telephone number, or billing information) and Non-PII is aggregated information, demographic information, IP addresses, geographic location and any other information that does not reveal your specific identity.
Security of Information Collected
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. To guard your information delivered to us electronically, our Website and App uses Secure Sockets Layer (SSL). SSL encrypts your credit card number, name and address so only we are able to decode your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure. While we strive to protect your contact information, we cannot guarantee that PII supplied by users will not be improperly accessed on our servers, or intercepted while being transmitted to us over the Internet. We assume no liability for any damages you may suffer as a result of unauthorized access to our files, or interception, alteration or misuse of information during such transfers. If you have reason to believe that there has been any breach of the security of the Website or the App, please contact us at firstname.lastname@example.org.
We urge you to keep any password that you establish with us in a safe place and not to divulge it to anyone. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or Internet cafe.
Non-Personally Identifiable Information.
When you visit and interact with the Website or the App, Seateroo and third parties with whom we have contracted to provide services may collect Non-PII (for example, a catalog of the Website pages you visit). Non-PII is anonymous and does not identify you personally. Non-PII is generally collected through the Website and the App from four different sources: Internet protocol addresses and web logs; cookies; pixel tags and other similar technologies; and other Non-PII that you voluntarily provide (as explained below).
- IP Protocol Addresses and Web Logs.
This Website’s web servers automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number is identified and logged automatically in our server log files whenever you visit the Website, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any PII. We use your IP address, and the IP addresses of all users, for purposes such as calculating Website usage levels, helping diagnose problems with the Website’s servers, and administering the Website. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition to the Non-PII usage of IP Addresses described above we also may link your IP address to personally identifiable information for fraud prevention purposes.
- Pixel Tags.
We and our service providers may also use so-called “pixel tags,” “web beacons,” “clear GIFs” or similar means (collectively, “Pixel Tags”) in connection with some Website pages and HTML-formatted email messages to track your use of our website in order to provide you with more useful information and a more personalized experience the next time you visit. A Pixel Tag is an electronic image, often a single pixel (1×1), that is ordinarily not visible to Website or App visitors and may be associated with cookies on the visitors’ hard drives. Pixel Tags do not contain any PII and allow us to count users who have visited certain pages of the Website and the App, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, Pixel Tags can tell the sender whether and when an email has been opened.
Portions of our Website and App allow you to log in using an OpenID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our forms. OpenID services give you the option to post information about your activities on this Website or App to your profile page to share with others within your network.
Use of Non-Personally Identifiable Information.
Because Non-PII does not personally identify you, we may use such information for any purpose. For example, we may use Non-PII to measure the number of visits, average time spent on the Website or the App and pages viewed as well as to diagnose problems with our servers and to administer the Website or the App. We may then use this information to analyze and improve the features and functionality of the Website or the App. We may use non-PII information about you and other Website visitors to sell and deliver advertising, promotions and content that we believe will be of interest to you. We may use third-party companies and networks to help us deliver this customized advertising to you based on your behavior on our Website or the App. All information and data collected for those services is anonymous and cannot be used to identify you individually, but allows us to deliver online advertising that is more likely to be relevant and useful to you. In addition, we reserve the right to share such Non-PII with third parties, for any purpose. For example, we may share information with advertisers or other third parties on an aggregate or other basis that does not disclose any of your PII. In some instances, we may combine Non-PII with PII (such as embedding email addresses in cookies). If we do combine any Non-PII with PII, the combined information will be treated as PII. This “combined” PII is not shared with third parties, except as described in this Policy.
Use of Personally Identifiable Information
- On the Website or the App.
We may use PII you give us to better tailor your Seateroo experience to your interests, to show you content in which you may be interested and to display the content according to your preferences.
Unless you opt out, we may use your PII to send you information about Seateroo and its services as well as promotional material on behalf of some of our partners. If at any time you change your mind and prefer to no longer receive such marketing communications from us, please see the “Opt-Out Policy” section below.
- Administrative Matters.
- Fulfillment of Requests.
Seateroo may use your PII to fulfill the purpose for which such PII was provided (e.g., using your name and email to confirm your registration or using your credit card information to fulfill your purchase).
- Facilitation of Transactions.
Forms on the Website or the App may sometimes be pre-populated with your PII in order to facilitate a transaction between you and Seateroo.
- Internal Business Purposes.
We may also use your PII for our internal business purposes, such as to target advertising, for data analysis, for audits, for fraud prevention and for other internal purposes.
- Shopping/Commercial Services.
The Website or the App may offer merchandise and/or other services, which may be offered by us or by one of our e-commerce partners. To the extent the merchandise and/or services are offered by one of our e-commerce partners, such e-commerce partner will be collecting and using the PII you provide. To the extent Seateroo is the entity offering a purchase service, when you make a purchase through the Website or the App, we may collect your credit card number or other payment account number (for example, your PayPal account number), billing address (including zip code) and other information related to such purchase (collectively, “Payment Information”) from you. We will use the Payment Information that you provide to bill you for your purchase and to fulfill your purchase. We may also use your Payment Information to allow us to ship or deliver merchandise and/or receipts to you, respond to customer service requests, review and enforce limits on the purchase services offered and to help prevent credit card fraud. By providing your Payment Information, you are authorizing us to give that information to third parties as necessary to confirm and fulfill your order (for example, to process your credit card or payment account number and to send you products you have ordered).
- Email This to a Friend.
The Website or the App may allow you to forward certain items posted on the Website or the App or links to Website or App features by email or Instant Messenger to other parties who you believe may be interested. If you wish to use this feature, you may provide us with such other party’s email address or Instant Messenger screen name so that we can facilitate your sending of such message to such other party. To do so, any PII you provide in connection with sending such other party the message, such as your name and your email address or Instant Messenger screen name, will, of course, be disclosed to such other party. While, due to technical restrictions, the recipient’s email address or Instant Messenger screen names may be retained in our log files, we do not knowingly share it with third parties and we do not use this PII for any purpose except to send this one-time message (unless the recipient has already consented to such use of his/her PII).
- Online Surveys/Sweepstakes and Contests.
- Data Retention.
We will retain your information for as long as your account is active, as needed to provide you services and will use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
How Personally Identifiable Information We Collect Is Disclosed
We will disclose your personal information with third parties only in the ways that are described in the following sections.
- Affiliate Communications and Third Party Communications.
Unless you opt out, we may share your PII with our affiliates, including venues, promoters or sponsors of events, artist representatives and fan clubs, teams, leagues and others who are involved in or bring you events. When you use our Website or App, you consent to allow us to provide your PII to these event providers and their contractors. We share this information so these event providers may send you announcements and notifications of events, products or services that might be of interest to you. For further information, please see the “Opt-Out Policy” section below.
- Seateroo Service Providers.
We work with third parties who provide services including but not limited to data analysis, order fulfillment, credit card processing, email communications and other services of an administrative nature. If you use our services, we reserve the right to share your PII with such third parties for the purpose of enabling these third parties to provide such services. We take reasonable steps to ensure these third parties treat PII in a manner comparable to how we do so.
- Public Forums and Other Interactive Features.
Please be aware that when you disclose PII through a chat room, forum, message board, news group or Facebook feature on the Website, the information may become public and accessible to all or a part of the Website or the App community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting on such services, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Website or the App. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE WEBSITE OR THE APP VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that we reserve the right, but have no obligation, to republish content posted in a chat room, forum, message board or news group (including any PII contained therein) as further set forth in our User Agreement. In the event that you encounter any Website user who you believe is improperly collecting or using information about you or other users, please contact us at email@example.com. To request the removal of your PII from these public forums, please see the “Accessing, Updating or Deleting Information Collected About You” section below. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.
- Online Surveys/Sweepstakes and Contests.
- Other Purposes.
We also may disclose your information:
- In response to a subpoena or similar investigative demand, a court order, or a request for cooperation from law enforcement or another government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Website terms and conditions or other agreements or policies.
- In connection with a substantial corporate transaction, such as the reorganization or sale of our business, a divestiture, merger, consolidation or asset sale, or in the unlikely event of bankruptcy.
Collection of Information By Third Parties
- Co-Branded Pages.
- Transactions With E-Commerce Partners, Vendors and Advertisers.
- Job Postings.
- Third Party Links.
- Seateroo Communications.
When you supply Seateroo with PII, from time-to-time, in Seateroo’s discretion, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Website, Seateroo and/or our advertisers and partners. Unless you opt out to receive such communications, we may, from time to time, send you marketing communications. At any time, you can choose to no longer receive commercial or promotional emails from us by clicking on My Account and following the instructions to “manage your email alerts.” You may modify your choices at any time in your My Account. Also, in any promotional email we send, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to 10 days for us to process an opt-out request. Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important e-mail communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices and surveys. Please note that changing information in your My Account or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as an event provider) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.
- Affiliate and Third Party Communications.
From time-to-time in Seateroo’s discretion, you may receive offers directly from our affiliates and/or from third parties. Unless you opt out to accept any such offer(s), any PII provided to Seateroo for such purposes may be shared with our affiliates and such third-party partner(s), to allow our affiliates and/or such third parties to provide you with such offers. If you would prefer that we no longer share your PII with our affiliates and/or with third parties for their marketing purposes, you may opt-out of such future sharing at any time by following the procedure above, provided however, you may not be able to opt out of certain third party offers that are displayed on our Website.
Use of the Website or App by Children.
Seateroo takes special care to protect the safety and privacy of children. While our Website and App is for a general audience, we do not permit anyone under the age of 17 to register with us. We also do not send email correspondence to anyone who tells us that they are under the age of 17. Children under the age of 17 should always ask their parents or guardians for permission before providing any contact information to anyone online. We urge parents and guardians to participate in their children’s online activities and use parental control or other web filtering technology to supervise children’s access to the Internet. Please see our User Agreement for additional information regarding the use of the Website or the App by minors.
Accessing, Updating or Deleting Information Collected About You.
Offline vs. Online practices.
Contacting Seateroo Regarding the Website or the App.
If you have any questions concerning this Policy, you may send them by email to firstname.lastname@example.org. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. You must send any official correspondence via postal mail to: Swapped Seat, Inc. Attention: Privacy Officer 330 A Street, Suite 30 San Diego, CA 92101
Your California Privacy Rights.
If you are a California resident, you have the right to request information about how we share certain categories of personal information with third parties. California law gives you the right to send us a request at a designated address to receive the following information:
- the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
- the names and addresses of the third parties that received that information; and
- if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
We may provide this information in a standard format that is not specific to you. The designated email address for these requests is email@example.com.
Effective Date: November 1, 2015 © 2015 Seateroo. All rights reserved.