TERMS OF USE

 

Welcome to SEATZY LLC’s Terms of Use section.

 

Use of www.seatzy.com (“Site”) is offered to you on your acceptance of these Terms of Use, our Privacy Policy and other notices posted on the Site. Your use of this Site indicates your acknowledgment and agreement to these Terms of Use, our Privacy Policy and other notices posted on the Site. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or Site.

Seatzy LLC (“SEATZY”) shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on the Site. The most recent version of these Terms of Use may always be found at www.seatzy.com/main/pages/terms-of-use. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of the Site following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on February 6, 2013.

Restrictions on use of materials

This Site is owned and operated by SEATZY. All content on this Site, including, without limitation, all programs, interface layout, interface text, images, documentation and graphics, animations, audio clips, video clips, and other copyrightable elements, and the arrangement thereof, and all copyrights, trademarks, service marks, trade dress and trade names, are the property of SEATZY, licensors or other stated owners and are protected by international and United States copyright laws. No material from the Site or any web site owned, operated, licensed or controlled by SEATZY may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Disclaimer and Limitation of Liability

This Site is for informational and entertainment purposes only. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance or any other uses by you in any form or manner whatsoever. SEATZY makes no representation that any materials on this Site are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. If you choose to access this Site, you do so at your own risk, on your own initiative and with sole responsibility for your safety. You are responsible for complying with all applicable laws.

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED, DISTRIBUTED AND TRANSMITTED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. SEATZY SHALL NOT BE RESPONSIBLE FOR, AND DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF, FAILURES IN PERFORMANCE, DELAYS OR INTERRUPTIONS, INACCURACIES OR ERRORS IN MATERIALS, VIRUSES OR CONTAMINATION, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK.

SEATZY reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this Site or any information contained thereon without liability or notice to you.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, SEATZY, ITS AFFILIATES, RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND PROVIDERS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE MATERIALS ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL SEATZY'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

 

Privacy Policy

You have read and agree to all of the terms and conditions of our Privacy Policy, which is located at:

 

www.seatzy.com/main/pages/privacy-policy

Purchase Policy

This Site enables users to organize specialized screenings of motion pictures, audiovisual works and/or live entertainment at theaters, screening rooms, auditoriums or other event space(s) affiliated with SEATZY. Such screenings are subject to any restrictions set forth in these Terms of Use, the Purchase Policy located at www.seatzy.com/main/pages/purchase-policy and/or the Promoter Agreement located at www.seatzy.com. The latter two are incorporated herein by this reference.

Users may purchase tickets to screenings and other events. To do so, you must create an account with us, and provide certain personal information about yourself to us. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain content or use certain features and functionalities of the Site, including without limitation the purchase of tickets. You agree that all information supplied by you to us will be true, accurate, current and complete. We retain the right at our sole discretion to deny or suspend access to the Site to anyone, at any time and for any reason, without any liability whatsoever.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

User Conduct and Obligations

You agree to follow all applicable laws and regulations when using this Site. Furthermore, you agree that you shall not:

  • upload, post or otherwise transmit through or to this Site any content that:
  • is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
  • infringes or violates the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others; or
  • contains any viruses, Trojan horses, time bombs, or any other harmful programs or elements;
  • disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our Site, its computer systems, servers or networks;
  • provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
  • transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
  • collect information about other visitors to our Site without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
  • sell access to or the use of this Site, including any content contained on, downloaded or accessed from this Site;
  • redistribute any content, including, but not limited to, financial data, provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other digital, electronic or paper-based service or method; or
  • intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data.

We reserve the right to edit or remove messages or materials submitted by you.

Indemnification by User

You agree to indemnify, defend and hold us and our affiliates, suppliers, business partners, officers, directors, employees and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) arising in any way from your use of this Site or any breach of these Terms of Use. We reserve the right to assume, at our expense, the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. You will use your best efforts to cooperate with us in the defense of any claim.

Third-Party Websites, Content and Products and Services

Links or pointers to other web sites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval by us of (i) the organizations that operate such web sites; (ii) the content, privacy policies or other terms of use on such web sites; or (iii) such third-party products and services. As we have no control or responsibility over web sites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.

Proprietary Rights

“Seatzy” and other copyrights, trademarks and proprietary rights on this Site are the property of Seatzy LLC unless otherwise stated. Any unauthorized use of these marks is unlawful. All content on this web site, including, without limitation, all programs, interface layout, interface text, documentation and graphics, animations, video clips, download-ables (screensavers and desktop wallpapers), is the copyrighted property of Seatzy LLC (or as otherwise stated) and is protected by international copyright law. The content on this web site may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

General

SEATZY shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. SEATZY reserves the right to deny access to the Site to anyone at any time, and to terminate these Terms of Use at any time without notice in its sole discretion. Upon termination, you must cease all use of the Site and destroy any materials obtained from such Site and all copies thereof. If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

These Terms of Use shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided that, in the event of any conflict between these Terms of Use and such other terms, the terms of these Terms of Use shall control. These Terms of Use contain the entire agreement between you and SEATZY with respect to the Site and supersede all prior understandings or agreements with respect to the Site.

You agree that these Terms of Use, our Privacy Policy and other notices posted on this Site have been drawn up in English. Although translations in other languages of any of the foregoing documents may be available, such translations may not be up to date or complete. Accordingly, you agree that in the event of any conflict between the English language version of the foregoing documents and any other translations thereto, the English language version of such documents shall govern.

Any rights not expressly granted to you are reserved by us.

These Terms of Use shall be governed by and construed in accordance with the laws of Tennessee without regard to conflict of laws provisions. You hereby consent to the exclusive jurisdiction of Tennessee courts.

Contact

Please contact us at (615) 479-1390 with any questions or concerns about the Site or these Terms of Use, or you may use the CONTACT US form on the Site to submit any questions or concerns.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide the copyright agent listed below with the following information:

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and e-mail address;
  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

 

Any notification by a copyright owner or a person authorized to act on such copyright owner’s behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:

 

Company: SEATZY LLC

Address: 210 Bellegrove Court, Franklin, TN 37069

Telephone: (615) 479-1390

Email: support@seatzy.com

 

We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.