Privacy Policy

Introduction

These Terms of Use govern the conditions under which ticketexchanger, Inc. ("Ticketexchanger", "we", or "us") provides the content, data, materials, information, products, and services through this website (collectively, the "Ticketexchanger Site") for the use of fans. Please read these Terms of Use carefully before accessing or using the Ticketexchanger Site. By accessing or using the Ticketexchanger Site, you agree to be bound by these Terms of Use, which include all materials made available through hyperlinks as well as all guidelines and rules posted from time to time throughout the Ticketexchanger Site. If you do not accept these terms, please refrain from using the Ticketexchanger Site.

Use of the Ticketexchanger Site and Ticketexchanger Content

We grant you a limited, revocable, non-exclusive, non-assignable, and non-sublicensable right to access and use the Ticketexchanger Site as intended and only in accordance with these Terms of Use and applicable law. We grant you no other rights, express or implied.

We, or third parties who have licensed rights to us, own the Ticketexchanger Site and all text, images, software, trademarks, service marks, and other materials contained on the Ticketexchanger Site (collectively, the "Ticketexchanger Content"). You may not copy or transmit any of the Ticketexchanger Content, except for your personal, non-commercial use on your computer. All copyright, trademark, and other proprietary rights notices included in the Ticketexchanger Content must appear on all copies you print or otherwise reproduce. Your access to and use of the Ticketexchanger Site does not grant you any license or right to use any of the marks contained therein.

You may only use the Ticketexchanger Site as outlined in the Terms of Use to legitimately search for opportunities to purchase event tickets. You agree not to use the Ticketexchanger Site for any unlawful or illegal purpose or in any other manner prohibited by the Terms of Use.

You also agree that you will not do any of the following without our written permission:

Access the Ticketexchanger Content with any manual or automated process for purposes other than your personal use or for inclusion of pages of the Ticketexchanger Site in a search index;
Violate the restrictions in any robot exclusion headers on the Ticketexchanger Site or bypass or circumvent other measures employed to prevent or limit access to the Ticketexchanger Site; or
Use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Ticketexchanger Site or take any action that imposes an unreasonable load on our computer or network equipment.

We may, at our sole discretion, at any time and without prior notice or liability, suspend, terminate, or restrict your access to all or any part of the Ticketexchanger Site.

Registration

On the Ticketexchanger Site, we do not require fans to register in order to perform searches or select tickets for purchase from the ticket providers whose results we display. However, fans who wish to receive periodic updates and marketing communications from Ticketexchanger, or to access current or future features which require personalization, may register if they are of sufficient legal age and can enter into binding contracts. If you register, you will be responsible for maintaining the confidentiality of your password, login, and account information. You will be responsible for all use of the Ticketexchanger Site by you and anyone else using your password and login information (with or without your permission).

Use by Minors

The Ticketexchanger Site is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under 18. Such users are expressly prohibited from submitting their personally identifiable information to us, and any information submitted by such users will not knowingly be used or retained by us.

Modifications

We may modify these Terms of Use at any time by posting such changes. Any changes will take effect once they are posted. You understand and agree that if you use the Ticketexchanger Site after the date on which we have changed the Terms of Use, we will treat your use as acceptance of the modified Terms of Use.

Privacy Policy

Your use of the Ticketexchanger Site is governed by our Privacy Policy. By using the Ticketexchanger Site, you consent to the use of your information as outlined in our Privacy Policy.

Disclaimer of Warranties

The Ticketexchanger Site is provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and security and accuracy, as well as all warranties arising from usage of trade, course of dealing, or course of performance. While we strive to be comprehensive and accurate, we make no warranty and expressly disclaim any obligation that: (a) the Ticketexchanger Site will meet your needs or be available on an uninterrupted, timely, secure, or error-free basis; (b) the Ticketexchanger Content will be up-to-date, complete, accurate, or applicable to your circumstances; (c) the results obtained from using the Ticketexchanger Site will be accurate or reliable; or (d) the quality of any products, services, information, or other material obtained by you through the Ticketexchanger Site will meet your expectations.

Limitation of Liability

We (along with our officers, directors, employees, agents, representatives, and affiliates, as well as all third-party ticket providers who provide ticket data to, and make tickets available for sale through, the Ticketexchanger Site (collectively, "Ticket Providers")) will not be responsible or liable for (a) any damages to or viruses that may infect your computer equipment or other property as a result of your access to or downloading of any content from the Ticketexchanger Site, or (b) any injury, death, loss, claim, act of god, accident, delay, or any direct, 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 arise out of or are in any way connected with (i) any use of the Ticketexchanger Site; (ii) any failure or delay (including without limitation the use of or inability to use any component of the Ticketexchanger Site in connection with your search for or purchase of event tickets); or (iii) the performance or non-performance by us or any provider, even if we have been advised of the possibility of damages to such parties or any other party. Some states do not allow the limitation of liability, so the limitations above may not apply to you.

Indemnification

Subject to these terms and conditions, you agree to defend, indemnify, and hold us and each of our officers, directors, employees, agents, representatives, and affiliates, as well as the Ticket Providers, harmless from and against any claim, cause of action, liability, expense, loss, or demand, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your breach of these Terms of Use or the materials referenced in these Terms of Use, or your use of or access to the Ticketexchanger Site or the Ticketexchanger Content.

Ticket Providers

Ticketexchanger’s display on or through the Ticketexchanger Site of event ticket offers from Ticket Providers does not imply, suggest, or constitute any sponsorship or approval of Ticketexchanger by such third parties, nor does it indicate any affiliation between Ticket Providers and Ticketexchanger. Similarly, Ticketexchanger’s display of specific event ticket offers from Ticket Providers does not suggest a recommendation by Ticketexchanger of such Ticket Providers or their products or services. You agree that Ticketexchanger is not responsible for the accuracy, timeliness, or completeness of information obtained from these third parties. Your interaction with any third party accessed through the Ticketexchanger Site is at your own risk, and Ticketexchanger will have no liability concerning the acts, omissions, errors, representations, warranties, breaches, or negligence of any such third parties or for any damages or expenses resulting from your interactions with them.

You agree to comply with the terms or conditions of purchase imposed by any Ticket Provider with whom you choose to engage. You are responsible for ensuring that your purchases adhere to the terms or conditions set forth by such Ticket Providers, including those on their websites.

Release

If you have a dispute with one or more Ticket Providers, you release Ticketexchanger and our officers, directors, employees, agents, representatives, and affiliates from any claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You waive California Civil Code Section 1542, which states that "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Other Third Parties

The Ticketexchanger Site contains links to websites maintained by Ticket Providers and may also contain links to other websites that we do not control.

Dispute Resolution

If a dispute arises between us, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you agree that we will resolve any claim or controversy at law or equity that arises out of the Terms of Use or our services (each, a "Claim") as set forth below. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution.

The Terms of Use will be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any Claim you may have against us must be resolved by a court located in Santa Clara County, California, except as we otherwise agree or as described in the paragraph below. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such Claims.

For any Claim (excluding Claims for injunctive or other equitable relief), we may elect to resolve the dispute through binding non-appearance-based arbitration. In the event we elect arbitration, we will initiate such arbitration through an established alternative dispute resolution ("ADR") provider and such arbitration shall be conducted in accordance with such provider's rules for non-appearance-based arbitration.

All Claims you bring against us must be resolved in accordance with this Dispute Resolution section. Should you file a Claim contrary to the Dispute Resolution section, we may recover attorneys' fees and costs up to $1000, provided that we have notified you in writing of the improperly filed Claim, and you have failed to promptly withdraw the Claim.

General Terms

Nothing contained in these Terms of Use will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. You may not assign, delegate or transfer your rights or obligations under these Terms of Use. We may assign our rights and duties under these Terms of Use without such assignment being considered a change to the Terms of Use and without notice to you.

If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to that breach or future or similar breaches. If a court finds any portion of these Terms of Use to be unenforceable or invalid, that portion will be enforced to the fullest extent permitted by applicable law and the other portions of the Terms of Use will remain valid and enforceable. These Terms of Use, together with all materials made a part of these Terms of Use by reference, make up the entire agreement between us relating to your use of the TicketExchanger Site, and replace any prior understandings or agreements (whether oral or written) regarding your use of the TicketExchanger Site.

You acknowledge that you have read and understood these Terms of Use, and that these Terms of Use have the same force and effect as a signed agreement.

Notices

ticketexchanger may provide you with notices by email or postings on the TicketExchanger Site. ticketexchanger’s mailing address is 120 Hawthorne Avenue, Suite 102, Palo Alto, California 94301. Legal notices must be served on ticketexchanger, Inc.’s national registered agent in Delaware.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the TicketExchanger Site any materials that violate another party's intellectual property rights. If you believe that any material on the TicketExchanger Site infringes upon any copyright that you own or control, in accordance with the Digital Millennium Copyright Act, you may send a written notification of such infringement to us at:

We will respond with additional information regarding the applicable procedure for addressing your complaint.

Fan Feedback

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear on the TicketExchanger Site in the future. Also, please remember that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become our exclusive property.