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Terms & Conditions

Terms and Conditions 

 

Welcome to CoinSeats. The following terms and conditions govern the use of the CoinSeats website(s), its mobile application(s), and all affiliated content (the “Site”). 

 

This Terms and Conditions (this "Agreement") is between You (hereinafter, "You", "Your", "User") and CoinSeats LLC, a Tennessee Limited Liability Company, and its respective affiliates and subsidiaries (collectively, “CoinSeats”, “We”, “Our”). By accessing and using the Site, You agree to this Agreement as it may be amended from time-to-time. Please read this Agreement carefully and keep a copy for Your reference.

 

COINSEATS MAINTAINS A ZERO TOLERANCE POLICY FOR OBJECTIONABLE CONTENT, ABUSIVE USERS, AND/OR FRAUD ON ITS SITE AND/OR BY USING ITS SERVICES. PLEASE READ SECTION 8.0 OF THIS AGREEMENT TITLED 'PROHIBITED USE OF COINSEATS’ SERVICES FOR MORE INFORMATION. IF YOU INTEND TO EXPLOIT OR ABUSE COINSEATS SERVICES IN VIOLATION OF THIS AGREEMENT, THEN COINSEATS KINDLY ASKS YOU TO REFRAIN FROM CREATING AN ACCOUNT WITH AND/OR USING COINSEATS SERVICES; OTHERWISE, YOU ARE KNOWINGLY VIOLATING THIS AGREEMENT WHICH MAY SUBJECT YOU TO ENFORCEMENT      ACTION AND/OR LEGAL ACTION BY COINSEATS, AT ITS SOLE DISCRETION.

 

  1. Purpose. The purpose of CoinSeats is to provide a marketplace for the sale and resale distribution of tickets for live events such as concerts, plays, sporting events, etc. on behalf of ticket agents, venues, promoters, and producers of events for which tickets are available; and to provide information about ongoing events in Your local area (the “Services”). 

 

  1. ADA Compliance. CoinSeats is in the business of selling tickets to and on behalf of events held in places of public accommodation which are regulated under Title II and Title III of the Americans with Disabilities Act (ADA). As a result, CoinSeats strives to accommodate all persons using its Site and Services. 

 

    1. ADA Ticket Sale Policy. For more information regarding our ADA compliance with respect to Ticket Sales, please refer to our ADA Ticket Sales Policy, which is incorporated herein by reference. Our ADA Ticket Sales Policy can be viewed at www.coinseats.com/ADA. 

 

    1. Site Compliance. Although there are no specific guidelines for us to make our Site ADA compliant, our goal      is to accommodate You to the best of our abilities. Therefore, we have adopted and conformed our website to the Web Content Accessibility Guidelines 2.0, the guidelines of which are accessible at https://www.w3.org/WAI/GL/WCAG20/. 

 

However, if You have any recommendations to better adapt our Site to Your particular disability or if You need help navigating our website, then please contact us at policy@coinseats.com or call us at (954) 531-8299 and someone from our team will be happy to assist you. 

 

    1. Employee Training. Each of our employees has undergone comprehensive and ongoing staff training to educate venue managers, box office staff, individuals answering phones or responding to Internet inquiries, and any other staff involved in ticket sales about the ADA's requirements. 

 

  1. Privacy Policy. Your use of the Site is subject to CoinSeats’ Privacy Policy, which is incorporated herein by reference. Please review Our Privacy Policy at www.coinseats.com/Privacy-Policy, which also governs the Site and informs users of our data collection practices. 

 

  1. Payment and Ticket Purchase Policy. When You purchase a ticket through the Site, You expressly agree to abide by our Payment and Ticket Purchase Policy, which is incorporated herein by reference. To view our Payment and Ticket Purchase Policy, please visit www.coinseats.com/Payment-Policy. 

 

  1. Electronic Communications. Visiting the Site and/or sending emails, data, or content to CoinSeats constitutes electronic communications. By creating an account with CoinSeats, You affirmatively consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that we provide to You electronically, via email and on the Site or otherwise, satisfies any legal requirement that such communications be in writing. 

 

  1. Creating an Account with CoinSeats. By creating an account with CoinSeats, You affirmatively consent that if You use this Site, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer. You further agree to accept responsibility for all activities that occur under Your account or password. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that CoinSeats is not responsible for third party access to Your account that results from theft or misappropriation of Your account. CoinSeats reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in its sole discretion. 

 

    1. You may set up an Account with their unique identification and password. You must be over 18 years of age and present information that is accurate and truthful. You understand that CoinSeats may show tickets for events that have age restrictions for entry, e.g., require a minimum age of 21 to enter. CoinSeats will not be responsible for any refund if the event or venue restricts entry to adults 21 years of age or older and the user is underage and is denied entry. CoinSeats will not be responsible if the event or venue has any age restrictions the user does not meet and will not issue any refund.

 

 

  1. Intellectual Property Rights. All Content, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site is the sole property of CoinSeats and is protected by treaty provisions and world-wide copyright law, and other laws that protect its intellectual property and proprietary rights (“Content”). Content further includes CoinSeats’ wordmark and logos with design which are exclusive trademarks of CoinSeats, which may change from time to time, and which may not be used publicly or on any third-party ticket sales not authorized by CoinSeats without the express written consent of CoinSeats. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such Content and will not make any changes thereto. You further agree not to circumvent the provisions of this Agreement or cause another third-party, directly or indirectly, to use Content owned by CoinSeats for its own personal gain. 

 

You will not attempt to/or modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on the Site.  Such Content is not for resale. Your use of the Site does not entitle You to make any unauthorized use of any protected Content, and in particular, You will not delete or alter any proprietary rights or attribution notices in any Content. You will use protected Content solely for Your personal use and will make no other use of the Content without the express written permission of CoinSeats and the copyright owner. You agree that You do not acquire any ownership rights in any protected Content. CoinSeats does not grant You any licenses, express or implied, to the intellectual property of CoinSeats or their licensors except as expressly authorized by this Agreement. 

 

  1. No Unlawful or Prohibited Use. As a condition of Your use of the Site, You warrant to CoinSeats that You will not use the Site for any purpose that is unlawful under the laws of Your jurisdiction or prohibited by is Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You may not provide false information when signing up for CoinSeats and You may not use CoinSeats in any way which invades others’ privacy including recording private interactions without the consent of all parties required under any applicable laws.

 

    1. Prohibited Uses. The following non-exhaustive list constitutes content and/or uses of the Site which are illegal or prohibited by CoinSeats. The violation of which will result in the immediate termination of Your ability to access the Site and/or use our Services under this Agreement. The expressly prohibited content and uses of the Site include:

 

      1. Sensitive Media, including Graphic Violence and Adult Content. You may not use, solicit, or display any adult content that is pornographic or illicit in nature. 

 

      1. Harm/Violence/Harassment. Content that is harmful or offensive to the online community, such as content that encourages hatred, racism, or physical harm of any sort towards any group or individual; is potentially harmful to minors; that patently harasses or encourages harassment of another person.

 

      1. Child Sexual Exploitation. CoinSeats has zero tolerance for any postings that depict or promote child sexual exploitation. 

 

      1. Hateful Conduct. You may not promote violence against or directly attack or threaten other people on the basis of race, ethnicity, national origin, caste, sexual orientation, gender, gender identity, religious affiliation, age, disability, or serious disease. We also do not allow accounts whose primary purpose is inciting harm towards others based on these categories. You may not use hateful images or symbols in Your profile image or profile header. You also may not use Your username, display name, or profile bio to engage in abusive behavior, such as targeted harassment or expressing hate towards a person, group, or protected category. 

 

      1. Suicide or Self-Harm. You may not promote or encourage suicide or self-harm. 

 

      1. Inappropriate or Unauthorized Commercial Activities. You may not engage in commercial activities and/or sales such as ticket sales, merchandise sales, or services of any kind without the express written permission from an authorized officer of CoinSeats (email being sufficient). You must obtain CoinSeats written consent to barter, advertise     , solicit the sale of tickets or other services on our Site. You may not advertise, promote, or offer for sale any commercial activities, goods, and/or services that are illegal in nature, such as pyramid schemes and/or that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.

 

      1. Prohibited Solicitation of Information. You may not solicit information such as passwords or personal identifying information for illegal or commercial purposes from other users.

 

      1. Misrepresented Information. You may not promote information that You know is fraudulent, false, defamatory, libelous, misleading, or encourages unlawful activities. 

 

      1. Transmission of Unsolicited material. You may not use content that relates to the transmission of unsolicited mass mailing, “junk mail,” or “spam.” 

 

8.2.0 Unlawful Uses. Actions which violate, or would abet in violation of, any law, statute, or ordinance thereof, or which would involve proceeds of any unlawful activity; distribute or disclose any unlawful content or information.

 

8.2.1 Illegal or Certain Regulated Goods or Services. You may not post, solicit, display, or use any content that depicts illegal goods or services including counterfeit goods and services; drugs and controlled substances; human trafficking; sexual services; stolen goods; weapons; and products made from endangered species.

   

8.3.0 Enforcement. To protect CoinSeats and its Users, CoinSeats may take enforcement action, in its sole discretion, against a User for any objectionable behavior or actions under this Section. Such enforcement action may include, but is not limited to: 

 

  • Limiting listing visibility to other Users; 
  • Removing a listing in its entirety; 
  • Temporarily hiding a listing from public visibility while CoinSeats reviews its content for a violation of this Agreement; 
  • Require verification of account ownership; 
  • Require verification of account geolocation with regards to a listing; and/or 
  • Permanently suspend an account. 

 

8.3.1 Factors to Determine Enforcement Action. Although CoinSeats may in its sole discretion take any enforcement action that it deems necessary and proper in carrying out the terms of this Agreement, CoinSeats may consider numerous factors in determining the severity of enforcement actions including, but not limited to: 

 

  • the behavior is directed at an individual, group, or protected category of people; 
  • the report has been filed by the target of the abuse;
  • the severity of the violation.

 

8.3.2 Disputing an Enforcement Action. Any User may dispute an enforcement action taken by CoinSeats by emailing CoinSeats at policy@coinseats.com having the subject of the email as "Dispute – Zero Tolerance" and the body of the email containing a brief description of the reasons why CoinSeats should not take enforcement action or reduce the severity of the enforcement action. CoinSeats may take any dispute into consideration at its sole discretion.

 

  1. Children Under Thirteen. CoinSeats does not knowingly collect, either online or offline, personal information from persons under the age of thirteen without their parents’ or legal guardians’ express permission. If You are under 18, You may use the Site or the App only with permission and supervision of a parent or guardian. Please see Section 7.0.0 of the Privacy Policy for more information regarding the Children's Online Privacy Protection Act. 

 

  1. Links to Third Party Sites/Third Party Services. The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of CoinSeats and CoinSeats is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CoinSeats is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by CoinSeats of the site or any association with its operators. 

 

Certain services of CoinSeats or made available via the Site are delivered by third party sites and organizations. 

 

CoinSeats is only responsible for content as it pertains to viewing and purchasing event tickets and cannot guarantee or control any content that may be displayed resulting from other links or other searches.  

 

By creating an account with CoinSeats, You affirmatively consent that by using any product, service or functionality originating from the Site, that CoinSeats may share such information and data with any third-party with whom CoinSeats has a contractual relationship to provide the requested product, service or functionality on behalf of its users and customers. For more information regarding CoinSeats’ use of Your information, please read the Privacy Policy. 

 

  1. International Users. The Service is controlled, operated and administered by CoinSeats from our offices in the State of Florida, United States of America. If You access the Service from a location outside the USA, You are responsible for compliance with all national, state and local laws. You agree that You will not use the CoinSeats content accessed through the Site or the App, or upload or publish content on the Site or the App, in any country or in any manner prohibited by any applicable laws, restrictions or regulations. For more information about CoinSeats compliance with international data protection, privacy, and regulation laws please visit the Privacy Policy. 

 

  1. Indemnification. You agree to indemnify, defend and hold harmless CoinSeats, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of Your use of or inability to use the Site and/or Services, and/or Your violation of any terms of this Agreement and/or Your violation of any rights of a third party, or Your violation of any applicable laws, rules or regulations. CoinSeats reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with CoinSeats in asserting any available defenses. 

 

  1. Breach of Terms of Service. In any action, proceeding, or litigation relating to, connected with, or arising out of this Agreement, the prevailing party shall be entitled to reimbursement of its costs, including attorney’s fees, incurred through all trial, appellate, and post-judgment proceedings, if any. Should this agreement be breached by either party, said breaching party shall be given seven (7) calendar days to cure the breach of this agreement.

 

  1. Arbitration. In the event the parties are not able to resolve any dispute between them arising out of or concerning this Agreement, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties in Florida. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims regarding this Agreement or any disputes arising as a result of this Agreement, whether directly or indirectly, including tort claims that are a result of this Agreement. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of this Agreement. 

 

  1. Class Action Waiver. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both You and CoinSeats agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. 

 

  1. Liability Disclaimer. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COINSEATS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. 

 

COINSEATS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE OR IN THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COINSEATS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. 

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COINSEATS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE APP, WITH THE DELAY OR INABILITY TO USE THE SITE, THE APP, OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COINSEATS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR THE APP. 

 

  1. Site As-Is. CoinSeats’ Site is available ‘as-is’. You understand that programs, software, hardware, computing technology and all related technology, network, network infrastructure and systems are, by nature, unstable and subject to glitches, downtime, incompatibility, and failure and that CoinSeats will in no way be responsible for any issues arising with Your computer, device, phone or other equipment that You may incur while viewing and using the Site. CoinSeats will not be responsible or liable for any damages arising to You or to Your computer, device, phone or other equipment from use of its app and/or Site.

 

  1. Termination; Access Restriction; Governing Law. CoinSeats reserves the right, in its sole discretion, to terminate Your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and You hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site or the App. Use of the Site or the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

 

You agree that no joint venture, partnership, employment, or agency relationship exists between You and CoinSeats resulting from this agreement or use of the Site. CoinSeats’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CoinSeats’ right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Site or information provided to or gathered by CoinSeats with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. 

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between You and CoinSeats with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the You and CoinSeats with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English. 

 

  1. Changes to Terms of this Agreement. CoinSeats reserves the right, in its sole discretion, to change the terms under which CoinSeats materials and access to the Site are offered. The most current version of the terms will supersede all previous versions. CoinSeats encourages You to periodically review the terms to stay informed of our updates. 

 

  1. Contact Us. CoinSeats welcomes Your questions or comments regarding this Agreement at: 

  

policy@CoinSeats.com

 

Effective as of 20 October 2022.

 

 

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