TERMS OF USE


 

Last Updated on August 15, 2018

These Terms of Use ("Terms") explain the contractual relationship between you and Reward the Fan ("RTF", "us", "our" or "we"), regarding your use of, and access to, our website located at www.rewardthefan.com ("Website") and/or our mobile application called "Reward The Fan" ("App"), and the RTF offerings made available to you through the Website and/or App, including without limitation the Ticket Marketplace and RTF Trivia Game Show, and any and all features and functionality thereof (collectively, the "Services"). These Terms, which include our Privacy Policy, govern your access to and use of the Website, App, Services and RTF Content (as defined below), and constitute a binding legal agreement between you and RTF. In addition to these Terms, your participation in any RTF Trivia Games shall be governed by the Trivia Contest Rules

YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE WEBSITE, APP OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE WEBSITE OR APP, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.

1. Eligibility

You represent and warrant that:
(i) you are at least eighteen (18) years old,
(ii) you have the right, capacity and authority to be bound by these Terms, and
(iii) you will abide by all these Terms.

2. Services

Subject to your compliance with these Terms, you may access and use the Website, App and Services on a computer, tablet device or mobile phone that you own or lawfully control. If you have accessed or downloaded the App from any "app" store or distribution platform, such as the Apple App Store or Google Play ("App Provider"), you acknowledge and agree that: (i) these Terms and the license granted herein are between you and us only, and we are solely responsible for the App; (ii) the App Provider has no obligation to furnish any maintenance and support services for the App; (iii) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; (iv) the App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and (v) you will comply with all applicable third-party terms of service when using the App.

3. Ownership

All materials contained on, in, or available through the Website, App and Services, including all information, data, text, sound, photographs, graphics, the selection and arrangement thereof, and all source code, software compilations, and other materials, including without limitation information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services, including without limitation the seating charts, zone ticket format, game elements, tickets, and prizes ("RTF Content") are protected by copyright, trademark, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof associated with the RTF Content, whether registered or not, are our sole property or the property of third parties. The RTF Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. We do not convey, through allowing access to the Website, App or Services, any ownership rights in the RTF Content. These Terms will govern any upgrades provided by us that replace and/or supplement the original Website, App or Services, unless such upgrade is accompanied by separate terms in which case such updated Terms will govern.

4. Limitations

You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website, App or Services. You may not copy (except as expressly permitted by these Terms) or publish the Website or App for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website, App or Services, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website and App, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Website, App or Services in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.

Ticket Marketplace

5. Tickets Registered users may buy and sell tickets on the RTF Ticket Marketplace. RTF does not own the tickets sold on our site. All tickets on RTF are offered in a Zone Ticket format, which are tickets seated side by side within a grouping of sections and rows.

The prices for all tickets (which can be at, below or above the face value printed on the tickets) are set by sellers with RTF using a proprietary algorithm to determine the best value within each of our Zones. The final price you pay is ALL INCLUSIVE of the sellers asking price, plus any RTF Service Fees.

In most cases sellers will either have their tickets on hand for immediate delivery, or if not they will indicate when they expect to have their tickets ready for delivery. Many resellers, venues, artists and teams hold off on releasing their electronic tickets until closer to the day of the event, as soon as we receive those files we will send you a notification that your tickets are ready for download.

6. ALL SALES ARE FINAL THERE ARE NO REFUNDS, EXCHANGES, OR CANCELLATIONS ON ANY TICKET REQUEST ONCE IT IS SUBMITTED TO US. WHEN YOU PLACE YOUR TICKET REQUEST, YOU HAVE COMMITTED THAT YOU ARE BUYING THE TICKETS. PLEASE ORDER TICKETS ONLY AFTER YOU ARE CERTAIN YOU WANT THEM.

7. Pricing Errors You acknowledge that on rare occasions when pricing errors will occur, RTF will not be liable to the customer for this error.

8. Zone Upgrades You acknowledge that RTF reserves the right to upgrade your Zone at no additional cost to you without notice.

9. Delivery Methods You acknowledge that RTF reserves the right to change the ticket delivery method of your tickets, at no additional cost to you.

10. Event Dates and Times Event dates and times are always subject to change. It is your responsibility to check for any possible changes in date and time. You agree that RTF is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed.

11. Cancelled and Postponed Events RTF will refund the full purchase price, including delivery charges, for canceled events. To qualify for a refund, you must return your tickets to RTF within 10 days of notice from RTF that the event is deemed 'Cancelled'. No refunds will be given without the original tickets, unless otherwise determined by RTF, in its sole discretion.

RTF will determine when an event is canceled based upon the best information available. Postponed or rescheduled events will not be refunded.

Event date, times, venue and subject matter may change and we are not always notified if a show is postponed, rescheduled or canceled. It is the buyer's responsibility to monitor the event and to confirm any changes to the event with the entity putting on the event. In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat. RTF shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation. RTF, in its sole discretion, may cancel orders for a postponed event for any reason, including but not limited to a situation where the event may materially change when rescheduled.

12. Lost, Stolen, Damaged Tickets Once tickets have been delivered to you, RTF is not responsible for lost, stolen, damaged, destroyed tickets and will not refund your order if you cannot locate your tickets. Please remember to bring your tickets with you to your event as RTF will not be responsible for you forgetting your tickets and will not be able to issue any reprints. Many venues require PDF tickets to be printed and will not accept them in any other form.

RTF Trivia Game Show

13. Participation Your participation in any RTF Trivia Games shall be governed by the Trivia Contest Rules

General Terms

14. Account Registration In registering to use and access to the Services, you must provide accurate and complete information and keep your account information updated. If you provide information that is not current or information that is incomplete or inaccurate, or if we have reasonable grounds to suspect the information you provided was not current, inaccurate or incomplete, we may deny you access to the Services, including access to and use of the Ticket Marketplace or any Trivia Game Show, disqualify you, revoke your prizes, revoke your ticket sale or purchase and or terminate your account, at its’ sole discretion. By registering for your account, you acknowledge that you are solely responsible for any activity that occurs on your account and for keeping your password and login credentials safe and secure.

15. User Names Do not select or use a username of another person with the intent to impersonate that person or use a username subject to any rights of a person without appropriate authorization.

Be aware that if you use a username that we, at our discretion, deems inappropriate, obscene, vulgar or offensive, we reserve the right to revoke your access to Services.

16. Unauthorized Use of Another Person’s Account You are prohibited from ever using another person’s registration or Account without permission and most notify us immediately of any change in your eligibility to use the Services, a breach of security or unauthorized use of your Account and may create only one Account on the Services which may only be owned, maintained, used and controlled by one individual. In order avoid doubt, users may not share ownership in accounts on the Services. If we determine that you have opened, maintained, used or controlled more than one Account, in addition to any other rights we may have, we reserve the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes and or refund any tickets sold or purchased.

17. Rules of Conduct In connection with your use of the Services, you will not: (i) transmit or communicate any data or information that is unlawful, harmful, false, misleading, threatening, abusive, harassing, stalking, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) upload or input to the Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, any computer software or hardware or telecommunications equipment; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) use the Services for any unlawful or unsafe purposes; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to other users; (vi) violate any applicable local, state, federal or international law and any regulations requirements, procedures or policies; (vii) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services; (viii) transmit, access or communicate any content 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 non-disclosure agreements); (ix) monitor traffic on the Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (x) modify, delete or damage any information contained on the mobile device or personal computer of any other users; (xi) infringe on the rights of any third party, including but not limited to trademark, copyright or the rights of publicity; (xii) use the Services in any manner that in our sole judgment, adversely affects the performance or function of the Services or interferes with the ability of other users to access or utilize the Services; or (xiii) undertake any acts not expressly permitted under the Terms. You warrant and represent that you undertake to use the Services only for purposes that are in strict compliance with (a) the Terms and the license granted hereunder, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions and you shall take no actions which would cause us to be in violation of any applicable law, ruling or regulation.

18. User Content "User Content" means any and all content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You retain ownership of any and all User Content created and/or uploaded by you and acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

By submitting User Content through the Services, you hereby grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, manipulate, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the App, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the App or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph, you acknowledge and agree that the foregoing license of this Section 4(e) shall apply to the same. You also hereby do and shall grant each user of the App and/or the Services a non-exclusive, perpetual license to access your User Content through the App and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

We do not guarantee that any User Content will be made available on the App or through the Services and reserve the right to, but do not have any obligation to, (i) remove, edit or modify or otherwise manipulate any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms of Use), or for no reason at all and (ii) to remove or block any User Content from the Services.

19. Comments, Feedbacks and Suggestions You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively, "Feedback") disclosed, submitted or offered to RTF, shall remain the exclusive property of RTF and may be used by RTF in any medium and for any purpose without obtaining your specific consent. RTF is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.

20. JurisdictionThe Website, App and Services are controlled and operated by RTF from the United States and are not intended to subject RTF or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. RTF does not represent or warrant that the Website, App or Services or any part thereof are appropriate or available for use in any jurisdiction other than the United States.

21. SuspensionWe reserve the right to suspend or cease providing the Website, App and/or Services, with or without notice, and we shall have no liability or responsibility to you if we do so.

22. Third Party ContentThe Website, App and Services may contain links to other websites, or content including graphics and photos, that are owned or operated by third parties and may be of interest to our Users (collectively, "Third Party Content"). RTF does not investigate or monitor Third Party Content, and therefore is not responsible or liable for the same. When you use a link to go from our Website or App to a third-party website, these Terms and our Privacy Policy are no longer in effect. We encourage users to read and consider the policies of these other websites and apps before using them.

23. Disclaimer of WarrantiesTHE WEBSITE, APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE SPECIFICALLY DISCLAIM, FOR THE AVOIDANCE OF DOUBT (ON OUR BEHALF, OUR SUBSIDIARIES, APP PROVIDERS AND/OR OUR AFFILIATES) ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES: (i) CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, SECURITY, TIMELINESS, QUALITY, USEFULNESS, INTEROPERABILITY OR CONTENT OF THE WEBSITE, APP OR SERVICE; (ii) OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING THE WEBSITE, APP OR SERVICE; AND (iii) REGARDING THE PROVISION OF THE SERVICE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE WEBSITE, APP OR SERVICE, INCLUDING WITHOUT LIMITATION AS A RESULT OF 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, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. WE DO NOT WARRANT OR GUARANTEE THAT THE WEBSITE, APP OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE, APP OR SERVICE WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEBSITE, APP AND SERVICE.

24. Limitation of Liability IN NO EVENT WILL STONEHENGE OR ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF INFORMATION, LOSS OF PROFITS AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE WEBSITE, APP OR SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF ANY OTHER SOFTWARE OR OTHER CONTENT INCLUDED AS PART OF THE WEBSITE, APP OR SERVICE. GIVEN THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT WILL STONEHENGE’S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE, APP OR SERVICE EXCEED THE AMOUNT OF $25.00 U.S. DOLLARS.

25. Indemnification By using the Website, App or Services, you agree to defend, indemnify and hold us, our affiliates, partners, App Providers, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Website, App or Services or the creation, placement or transmission of any message, information, software or other materials through the Website, App or Services by you or related to any violation of these Terms by you (collectively, "Indemnified Matters"). We shall control the defense of any Indemnified Matters through counsel of our choice.

26. Governing Law These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.

27. Entire Agreement These Terms and the Privacy Policy constitute the entire agreement between you and us with respect to the use of the Website, App and Services, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

28. Copyright Infringement We respect the intellectual property rights of others, and require that people who use the Website, App and Services do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please see our DMCA Policy.

29. Assignment You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

30. Amendment to Terms RTF may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website or on the App. You are responsible for regularly reviewing these Terms. Your continued access and use of the Website, App and Services following such posting constitutes your consent to be bound by any amended Terms.

31. General Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues. All notices and other communications under the Terms must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via (i) email to info@rewardthefan.com, or (ii) by writing to us at Reward The Fan, 336 West 37 Street, 9th Floor Suite 940, New York, NY 10018.

If you have any questions regarding these Terms or the Website, App or Services, please contact us at info@rewardthefan.com.