We, or third parties who have licensed rights to us, own the FanSnap Site and all of the text, images, software, trademarks, service marks and other material contained on the FanSnap Site (collectively, the "FanSnap Content"). You may not copy or transmit any of the FanSnap Content, except for your personal, non-commercial use on your computer. All copyright, trademark and other proprietary rights notices included in the FanSnap Content must appear on all copies you print or otherwise reproduce. Neither your access to nor use of the FanSnap Site grants you any license or right to use any of the marks included therein.
You also agree that you will not do any of the following without our written permission:
We may, at our sole discretion, at any time and without advance notice or liability, suspend, terminate or restrict your access to all or any component of the FanSnap Site.
On the FanSnap 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 FanSnap, or to have access to 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 secrecy of your password, login and account information. You will be responsible for all use of the FanSnap Site by you and anyone else using your password and login information (with or without your permission).
When you post User Content to the FanSnap Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the FanSnap Site. By posting User Content to any part of the FanSnap Site, you automatically grant, and you represent and warrant that you have the right to grant to FanSnap and all other users an irrevocable, perpetual, non-exclusive, transferable, fully-paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the FanSnap Site or the promotion thereof, and to prepare derivative works of, or incorporate into other works, such User Content. You may remove your User Content from the FanSnap Site at any time, but you acknowledge that FanSnap may not be able to and has no obligation to restrict any use by any other person, including other users, and the license that you have granted remains in effect.
The FanSnap Site is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 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.
The FanSnap 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 by usage of trade, course of dealing, or course of performance. While we make every effort to be comprehensive and accurate, we make no warranty, and expressly disclaim any obligation, that: (a) the FanSnap Site will meet your requirements or be available on an uninterrupted, timely, secure or error-free basis; (b) the FanSnap Content will be up-to-date, complete, comprehensive, accurate or applicable to your circumstances; (c) the results that may be obtained from the use of the FanSnap Site will be accurate or reliable; or (d) the quality of any products, services, information or other material obtained by you through the FanSnap Site will meet your expectations.
We (together 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 FanSnap Site (such providers, 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 the result of your access to or downloading of any content from the FanSnap 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 is in any way connected with (i) any use of the FanSnap Site; (ii) any failure or delay (including without limitation the use of or inability to use any component of the FanSnap 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.
FanSnap’s display on or through the FanSnap Site of event ticket offers from Ticket Providers does not in any way imply, suggest, or constitute any sponsorship or approval of FanSnap by such third parties or any affiliation between any such Ticket Providers and FanSnap. Similarly, FanSnap’s display of specific event ticket offers from Ticket Providers does not suggest a recommendation by FanSnap of such Ticket Providers or their products or services. You agree that FanSnap is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. Your interaction with any third party accessed through the FanSnap Site is at your own risk, and FanSnap will have no liability with respect to 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 abide by the terms or conditions of purchase imposed by any Ticket Provider with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by such Ticket Providers, including terms or conditions of purchase set forth on their websites.
If you have a dispute with one or more Ticket Providers, you release FanSnap and our officers, directors, employees, agents, representatives and affiliates from 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."
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.
FanSnap may provide you with notices by email or postings on the FanSnap Site. FanSnap’s mailing address is 2955 Campus Dr., Suite 300, San Mateo, CA 94403.
We respect the intellectual property rights of others and we prohibit users, Ticket Providers and other third parties from uploading, posting or otherwise transmitting on the FanSnap Site any materials that violate another party's intellectual property rights. If you believe that any material on the FanSnap 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:
FanSnap, a unit of Nextag, Inc.
Attn: DMCA Complaints
2955 Campus Dr, Suite 300
San Mateo, CA 94403
We will respond with additional information regarding the applicable procedure for addressing your complaint.
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 FanSnap 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.
Effective as of December 21, 2011