Privacy Policy
Terms of Use

 

 


Our Terms of Use

DESCRIPTION OF SERVICE

1. What the Contract Covers.
This is a contract between you, as a user of www.FreeTicketExchange.com and its affiliated websites ("User" or "you") and FreeTicketExchange, Inc., 419 Lafayette Street, New York, NY 10003, USA. Sometimes FreeTicketExchange, Inc. is referred to as "we," "us" or "our". This contract applies to any FreeTicketExchange.com sites or services, including updates, which you use while this contract is in force. All of the sites or services are referred to in this contract as the "Service."

 

Please note that we do not provide warranties for the Service. The contract also limits our liability. These terms are in Sections 5, 20 and 21 and we ask you to read them carefully.

 

2. When You May Use the Service.
You may start using the Service as soon as you have finished the sign-up process.

Services shall include, but not be limited to, any services FreeTicketExchange performs for you, as well as the offering of any content on the Site (collectively the "Service"). FreeTicketExchange may change, suspend or discontinue the Service at any time, including the availability of any feature, database, or content. FreeTicketExchange may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. FreeTicketExchange reserves the right, at its discretion, to modify these Terms of Use at any time without notice by posting a new version on the Site under the "Terms of Use" hyperlink or elsewhere. Use of the Site or Service by you following such change constitutes your acceptance of the terms and conditions of the Terms of Use as modified and the most current version of the Terms of Use will supersede all previous versions.

You certify to FreeTicketExchange that you are at least 18 years of age.  If you are not 18 years of age, you may access the Service only through the permission of your parent or guardian.  The parent or guardian of said minor has the sole responsibility of limiting the minor's access to the Site and Service.  FreeTicketExchange does not claim any responsibility for any inappropriate use of the Service by such minor.  The parent or guardian of any minor using the Service is also solely responsible for any financial obligations due and owing as a result of the minor's use of the Service.  For further information, please see Section 7.2.

3. How You May Use the Service.

In using the Service, you will:

4. How You May Not Use the Service.

 

5. Limited Service Liability.
You acknowledge that FreeTicketExchange is a service provider that may allow people to interact online regarding topics and content chosen by Users of the Service, and that Users can alter the Service environment on a real-time basis. FreeTicketExchange generally does not regulate the content of communications between Users or Users" interactions with the Service. As a result, FreeTicketExchange has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Service.

 

6. FreeTicketExchange Authentication Network.
We may provide you with credentials on our authentication network to use with the Service. You are solely responsible for any dealings with third parties (including advertisers) who use our authentication network, including the delivery of and payment for goods. This contract applies to you whenever you use the credentials you obtained with the Service. When you use our authentication network to gain access to any site, the terms and conditions for that site, if different from this contract, may also apply to you in your use of that site. Please refer to the terms of use for each site that you visit. We may cancel or suspend your access to our authentication network for inactivity, which we define as failing to sign in to our authentication network for an extended period, as determined by us. If we cancel your credentials, your right to use our authentication network immediately ceases.  In the case of a cancellation of your account, we will give a warning via e-mail and you will be given a limited amount of time to transfer your Fan Cash Balance to another user or immediately use that balance toward the one time purchase of tickets.

 

7.1 Service Accounts AND USER'S RESPONSIBILITY.
FreeTicketExchange is a consumer Internet site to facilitate the exchange of event tickets between the users of FreeTicketExchange.com. To become a user of FreeTicketExchange, the prospective user must register on the site by giving a valid email address, credit card, and postal address.  By registering with FreeTicketExchange, you are creating a Service Account. All users must currently reside in the continental United States and must accept the terms and condition of membership. It is understood that a non-cash exchange currency issued by FreeTicketExchange ("Fan Cash") is required in order to exchange on the Service.

 

7.2 You Are Responsible For Your Service Account.
Only you may use your Service Account. You may not authorize any third party to access and/or use the Service on your behalf, except as may be expressly stated in this section.

 

You represent that you are the parent or legal guardian of each minor that you allow to use your Service Account. You acknowledge that you are aware that some features of the Service and some content available through the Service may contain or expose Users to material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use the Service.

 

8. Community
FreeTicketExchange and the community of Users (the "Community") work together to keep the FreeTicketExchange Site working properly and the Community safe.  Any violations of this Agreement should be reported to FreeTicketExchange.

 

FreeTicketExchange community features are provided as a service to Users, and to assist in the exchange of ideas, tips, information, and reviews related to the Service. You must be a registered FreeTicketExchange User to contribute to the community features, but anyone can view the content. Like any community, the forums and groups will be most valuable when everyone abides by certain basic guidelines and rules for online behavior. We want you to express your thoughts, concerns, and ideas, but we want you to do it in a way that doesn"t interfere with the enjoyment of other Users. In addition to these basic community standards, you also agree to abide by the Terms of Use, the Privacy Policy and the Real Fan Conduct Code.

 

We reserve the right to remove or edit any posts or user-supplied content throughout the FreeTicketExchange Community.

 

9.  SITE CONTENT
All materials displayed or performed on the Site (including, but not limited to text, graphics, news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service.



The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section of the Terms of Use), create derivative works based on, distribute, perform, display, or in any way exploit, any of the Content, software, materials, or services in whole or in part.



You acknowledge and agree that if you use any of the services to contribute Content to the Site, such Content shall become our property, and you hereby assign all rights, title and interests in and to such contributions to us.  We are hereby granted a non-exclusive, worldwide, royalty-free, transferable right to fully exploit such Content (including all related intellectual property rights) and to allow others to do so. To the extent allowed by law, the foregoing includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "Moral Rights." To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to any action that may be taken with respect to such moral rights by us and agree not to assert any Moral Rights with respect thereto. You warrant, represent and agree that it will not contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party. We reserve the right to remove any Content from the Site at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.



10. Content Usage Rules
All tickets purchased or traded through FreeTicketExchange must be used for personal, non-commercial use only.  No ticket or any other product purchased from FreeTicketExchange may be resold in any other ticket resale venue.

 

11. Your Materials.
Users may use the Site to post reviews, comments, information, data, messages, directions and other content; and submit suggestions, ideas, questions, or other information (collectively "Content"), so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Content. While we do not regularly review posted Content, we do reserve the right (but not the obligation) to remove or edit such Content and pursue any available remedies at law.



If you do post Content or submit material to the Site, you grant us and our affiliates a nonexclusive, world-wide, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media.

 

Please use caution and common sense when viewing the Content. You understand and agree that any Content posted on the Site is the exclusive responsibility of the person who posted it, and that you will be solely responsible for any Content that you post, email or otherwise transmit via the Site. You acknowledge that we are not responsible for, do not control, do not endorse and do not verify the Content posted to the Site or available through the Site, and that we make no guarantee regarding the reliability, accuracy, legitimacy or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity or legitimacy of such Content. Under no circumstances will we be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Site.


 Furthermore, the Site and Content available through the Site may contain links to other websites, which are completely independent of us. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the FreeTicketExchange Site.



User agrees not to use the FreeTicketExchange Site to:

a) impersonate any person or entity, including, but not limited to, a FreeTicketExchange employee or official, group leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
d) disseminate off-topic messages on postings promoting any product, service, web site, board or venture, or promote postings on the Site through unsolicited electronic mail messages to third parties;
e) use the Site as a promotional tool, for excessive or inappropriate linking to third party sites, or as a search engine optimization tool;
f) contact anyone who has asked not to be contacted;
g) "stalk" or otherwise harass anyone;
h) collect personal data about other users for commercial or unlawful purposes; and/or
i) post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;



You may be able to submit materials for use in connection with the Service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the Service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to us free permission to:

 

 

This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the Service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

 

12. Privacy.
We consider your use of the Service to be private. However, we may access or disclose information about you, your account and/or the content of your communications, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate potential violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) protect the rights, property, or safety of FreeTicketExchange, its employees, its customers or the public. You consent to the access and disclosures outlined in this section.  

 

We may use technology or other means to protect the Service, protect our customers, or stop you from breaching this contract. These means may interfere with your use of the Service.

 

In order to provide you the Service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your computer or any device used to access FreeTicketExchange.com or its affiliate sites. This data will not personally identify you.

 

Please see the FreeTicketExchange Privacy Policy for further information on privacy.

 

12.2 FreeTicketExchange's observation and recording of your interaction within the Service. 
You acknowledge and agree that FreeTicketExchange, in its sole discretion, may track, record, observe or follow any and all of your interactions within the Service. FreeTicketExchange may share general, demographic, or aggregated information with third parties about our user base and Service usage, but that information will not include or be linked to any personal information without your consent.

 

13. FreeTicketExchange Marketplace

13.1 Sign In Required.
FreeTicketExchange Marketplace is the store for FreeTicketExchange.com. You must be a User of FreeTicketExchange in order to exchange Fan Cash for any service or product on FreeTicketExchange.com. You can browse FreeTicketExchange Marketplace without signing in, but if you want to exchange services or products, you must sign in using your credentials. You will need to acquire, through purchasing or trade as set forth in Section 14.1 herein (Fan Cash Acquisition and Usage), FreeTicketExchange Fan Cash to purchase any services or products from FreeTicketExchange Marketplace.

 

13.2 Purchase Options.
Fan Cash is the sole and exclusive currency of the FreeTicketExchange Market. You can purchase content from the FreeTicketExchange Marketplace only with Fan Cash.

 

14. FreeTicketExchange Fan Cash
The Service currently includes a component called "Fan Cash," which refers to an aspect of the Service through which FreeTicketExchange administers transactions among users for the purchase and sale of the licensed right to use Fan Cash. Notwithstanding any other language or context to the contrary, as used in this Agreement and throughout the Service in the context of Fan Cash transfer: (a) the term "sell" means "to transfer for consideration to another User the licensed right to use Fan Cash in accordance with the Terms of Use," (b) the term "buy" means "to receive for consideration from another User the licensed right to use Fan Cash in accordance with the Terms of Use," (c) the terms "buyer," "seller", "sale", "purchase" and "trade" and similar terms have corresponding meanings to the root terms "buy" and "sell," (d) "sell order" and similar terms mean a request from a User to FreeTicketExchange to list tickets for sale on the Currency Exchange at a requested sale price, and (e) "buy order" and similar terms mean a request from a User for FreeTicketExchange to match open sale listings with a requested purchase price and facilitate completion of the sale.

 

14.1. Fan Cash Acquisition and Usage. 
FreeTicketExchange service is based on a Fan Cash barter system.  Users acknowledge that buying and selling tickets via the Site is done through the use of Fan Cash. The Fan Cash balance of your account will be reduced when it is used to purchase tickets or other items offered in the FreeTicketExchange Marketplace or depleted as a result of service or other fees.  You can obtain Fan Cash by purchasing Fan Cash from FreeTicketExchange, or by exchanging event tickets for an amount of Fan Cash set by you, or through various promotional offers set forth herein. You can see how much Fan Cash you have by checking your Fan Cash balance at the My Profile section of the Site. You can obtain other selected services or products that we elect to offer in exchange for Fan Cash through third-party vendors. You can do this by redeeming your Fan Cash as indicated in the particular messaging you see for those offers.

 

You can acquire Fan Cash in a variety of ways. For example, you can purchase Fan Cash, or certain services may give you Fan Cash for using the Service or specific features of the Service (also known as "Promotion Fan Cash"). You can earn Promotion Fan Cash only for actions you actually complete. You are responsible for any tax consequences that may result from your participation in the Fan Cash service.

 

When you buy Fan Cash, you have obtained a limited license to a digital product. Fan Cash has no monetary value. You may not obtain any cash or money in exchange for Fan Cash, regardless of how you acquired that Fan Cash. Fan Cash is not your personal property. Your only recourse for using Fan Cash is to obtain the specific online services or products that we offer for Fan Cash redemption. We may further restrict your Fan Cash redemption offers based on your country of residence. We encourage you to redeem your Fan Cash. The existence of a particular offer available for Fan Cash redemption is not a commitment by us to maintain or continue to make the offers in the future. The scope, variety and type of online services and products that you may obtain by redeeming Fan Cash can change at any time. We have no obligation to continue making offers available for Fan Cash redemption.

 

14.2  Promotion Fan Cash. 
You may have received a limited amount of Promotion Fan Cash or some other promotional offer. Unless we notify you otherwise, if you are participating in any promotional offer, you are entitled to use such Fan Cash for your sole use and may not transfer said Promotion Fan Cash to any other account.  Any Promotion Fan Cash awarded to your account are valid for ninety (90) days from the day the credit was made to your account.  If said Promotional Fan Cash is not redeemed within the specified time, the Fan Cash will be reduced from your account and you will no longer be able to apply it toward the purchase of any items offered on the FreeTicketExchange Site.  

 

14.3  Fan Cash Cancellation, Suspension and Revocation. 
 We may cancel, suspend or otherwise limit your access to your Fan Cash balance if we suspect fraudulent, abusive or unlawful activity on your Fan Cash balance. Once we delete Fan Cash from a balance, we will not reinstate them, except at our discretion. When we cancel, suspend or otherwise limit access to your Fan Cash balance, your right to use your Fan Cash balance immediately ceases. We will use reasonable efforts to investigate Fan Cash balances that are subject to access limitations and to reach a final decision on the limitations promptly. In addition, we may limit your use of the Fan Cash service, including applying limits to: (i) the number of Fan Cash you may have credited to your Fan Cash balance at one time, (ii) the number of Fan Cash you may redeem within a given time period (for example, one day), and (iii) the number of Promotion Fan Cash you may obtain in a single event.

 

14.4  Prices and Price Increases.
The price for Fan Cash excludes all taxes and phone charges, unless stated otherwise. These taxes and charges are your responsibility. Currency exchange settlements are based on your agreement with your payment method provider. We may change the price of Fan Cash from time to time, but we will tell you before we do.  If there is a specific time length and price for your service offer, then that price will remain in force for that time. After the offer period ends, your use of the Service and/or Fan Cash will be charged at the new price.

 

14.5.  Fan Cash Balance. 
If we post Fan Cash to your balance for an activity that is subsequently voided, canceled or involves a returned item, then we will remove those Fan Cash from your balance.  If said Fan Cash are no longer available in your Fan Cash balance, we reserve the right to charge the credit card on file in your payment account for an amount equal to the purchase of the amount of said Fan Cash to be revoked. If the payment method on your account is no longer valid in such a situation, FreeTicketExchange reserves the right to pursue any legal recourse available by law.  You must ensure that we properly post your Fan Cash to your Fan Cash balance. If you believe that you have validly acquired Fan Cash that we have not posted to your Fan Cash balance, you must inform us within 12 months after the date you claimed to have acquired that Fan Cash.  We will then consider your claim.  We may require reasonable documentation to support your claim.  If you do not make a claim for said Fan Cash within 12 months of the date you assert the Fan Cash should have been posted, you will lose the right to said Fan Cash.



14.6.  FreeTicketExchange's right to use, limit and distribute Fan Cash. FreeTicketExchange Fan Cash are a limited license right available for sale or free distribution at FreeTicketExchange"s discretion, and are not redeemable for monetary value from FreeTicketExchange.

 

You agree and acknowledge that FreeTicketExchange may deny any sell order or buy order individually or with respect to general volume or price limitations set by FreeTicketExchange for any reason. FreeTicketExchange may limit sellers or buyers to any group of users at any time. FreeTicketExchange may halt, suspend, discontinue, or reverse any Currency Exchange transaction (whether proposed, pending or past) in cases of actual or suspected fraud, violations of other laws or regulations, or deliberate disruptions to or interference with the Service.

In return for exchanging tickets, successfully and as represented, the user who sends or proposes to send tickets ("Sender") to a user who receives or proposes to receive tickets ("Receiver") will receive the number of Fan Cash which the Receiver agreed to give for those tickets. FreeTicketExchange is not a bank. Accounts are not FDIC Insured. Fan Cash may only be redeemed for items available for exchanging. You and FreeTicketExchange each acknowledge and agree that Fan Cash are not bank deposits, legal tender, securities or commodities, may not be redeemed for cash, and have no value outside of FreeTicketExchange. In no event shall FreeTicketExchange be required to refund, redeem, or pay any amounts to you for any Fan Cash, or allow conversion or liquidation of Fan Cash.

 

When you represent to exchange an item, Fan Cash may be immediately deducted from your account as required for the transaction. When you exchange away an item, Fan Cash may be passed to your account subject to any applicable restrictions. Without limiting the foregoing, FreeTicketExchange reserves the right to restrict use of such Fan Cash for a period of seven (7) days from the time of the exchange.

 

You expressly understand that FreeTicketExchange offers no assurances or guarantees that products will be available for you to exchange using Fan Cash; User expressly assumes such risk.

 

15. If You Pay FreeTicketExchange.

 

15.1 Charges.
This section 13 applies in all situations in which you directly pay us. Even if you do not pay for the Service, you may still incur charges incidental to using the Service; for example, charges for Internet access.

 

15.2 Payment.
When you create an account, you enter your payment method. You must be authorized to use the payment method. You authorize us to charge you for any paid feature of the Service for which you choose to sign-up or use while this contract is in force. You will pay service charges in advance. We may charge you a different amount than what you approved. If it is a greater amount, we will tell you the amount and the date of the charge at least 10 days before we make the charge. Also, we may charge you up to the amount you have approved, and notify you in advance of the difference. We may bill you for more than one of your prior billing periods together. If we informed you that the Service will be provided indefinitely or automatically renewed, we may automatically renew your service and charge you for any renewal term.

 

15.3 Updates to Your Billing Account.
You must keep all information in your billing account current, including your billing address and the expiration date of your credit card. You can access your billing account through the My Profile  section where you can make changes to your billing account. You may change your payment method at any time. If you tell us to stop using your payment method, we may cancel your account. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request.

 

15.4 Refund Policies.
Unless otherwise provided by law, all charges are non-refundable unless stated otherwise and the costs of any returns will be at your expense.  Purchased Fan Cash are non-refundable past twenty-four (24) hours from the date and time of purchase of said Fan Cash.  Purchased Fan Cash are defined as any Fan Cash acquired through the payment to FreeTicketExchange for use of such Fan Cash.

 

15.5 Online Statement; Errors.
We will provide you with an online billing statement. This is the only billing statement that we provide. Go to your Billing Account through the My Profile section to view, print or request a paper copy of this statement. If you request a paper copy, we may charge you a retrieval fee. We will only provide paper copies for the past 120 days. If we make an error on your bill, we will correct it promptly after you tell us and we investigate the charge. You must tell us within 120 days after an error first appears on your bill. You release us from all liability and claims of loss resulting from any error that you do not report to us within 120 days after the error first appears on your online statement. If you do not tell us within this time, we will not be required to correct the error. We can correct billing errors at any time.

 

15.6 Cancelling the Service.
You may cancel the Service at any time, with or without cause. To cancel your account, you can email support@freeticketexchange.com with your cancellation details. At the time of cancellation, you are not entitled to a refund for any unused Fan Cash.  Any Fan Cash that are not transferred to another fan or used at the time of the cancellation of the Service will be automatically transferred to FreeTicketExchange for resale to other fans.

 

15.7 Payments to You.
In the event that FreeTicketExchange pays you, your right to any payment due you under a service is conditioned upon you promptly providing us with all information we require to properly make the payment (for example, bank account information for receiving the payment). We will use reasonable efforts to tell you what information we require in advance of your use of the applicable service. Even if we do not tell you in advance, you must provide us the information we request before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. If you receive a payment that was not due to you, we may reverse or seek return of the payment and you agree to cooperate with us in our efforts.

 

16.  FEES AND CHARGES.
The premise of FreeTicketExchange is to not charge any fees for individual transactions.  However, FreeTicketExchange reserves the right to charge fees for any other service on the Site, as set forth in this Terms of Use.

 

The Sender shall pay postage at the time an exchange is requested by the Receiver.

 

Unless otherwise expressly stated by FreeTicketExchange, all payments to FreeTicketExchange shall be non-refundable. Failure of a Receiver or Sender to complete or fulfill a transaction with you, dissatisfaction with a transaction, fraud and other disputes regarding transactions shall not entitle you to a refund of any amount paid to FreeTicketExchange.

 

Unless otherwise stated, all payment amounts are quoted in U.S. Dollars. You are responsible for paying all applicable fees, charges and taxes (including, if applicable, sales and use taxes) associated with using the Service.

 

17.  PURCHASE OFFERS
FreeTicketExchange sends an email to you and notifies you via the website when an offer is made on one or more of your tickets. When you receive an offer to send said ticket(s) you are given 24 hours to respond to the offer.  If you do not respond to the offer, the offer is automatically declined.



18.  Fraud. 
You agree not to commit fraud using the Site or Services. Examples of fraud include, but are not limited to, committing to send a ticket but not actually sending it, claiming a ticket was never received when in fact it was, claiming a ticket is lost, incorrect, duplicate or otherwise problematic when it is not, intentionally sending incorrect, duplicate or illegal tickets, etc.

 

You are limited in the number of lost claims you can file, lost claims that can be filed against you, and illegal ticket claims that can be filed against you in a given month and/or in your lifetime use of the Site. The maximum number of the aforementioned claims that can be filed in a given month is 1. The maximum number of aforementioned claims that can be filed in a lifetime is 3. The maximum dollar amount that can be filed in a lifetime is $50. We may, at our sole discretion, suspend or terminate your account or access to the Site or Services in addition to pursuing any remedies available at law.  You may appeal the maximum amount of times, or maximum amount of money, if and only if that number is reached.  FreeTicketExchange is not required to grant the appeal.

 

19. How We May Change the Contract.
If we make a material change to this contract, we will tell you at least 30 days before the change takes place by email or online posting. If you do not agree to these changes, then you must cancel and stop using the Service before the change takes place. If you do not stop using the Service, then your use of the Service will continue under the changed contract.

 

20. WE MAKE NO WARRANTY.
We provide the Service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the Service. The FreeTicketExchange parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

 

We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: (i) which users gain access to the Site; (ii) what Content you access via the Site; (iii) what effects the Content may have on you; (iv) how you may interpret or use the Content; or (v) what actions you may take as a result of having been exposed to the Content. You release us from all liability for you having acquired or not acquired Content through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. THE SERVICES, CONTENT AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.


ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18USC 2701-2711): WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEB-SITE LINKED TO THE SITE. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Services.

 

21. LIABILITY LIMITATION.
You can recover from the FreeTicketExchange parties only direct damages up to an amount equal to the current value of unused FreeTicketExchange Fan Cash in your account at the time the complaint is received by FreeTicketExchange or its agents. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

 

This limitation applies to anything related to:

 

It also applies even if:

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

 

22.  INDEMNITY
You will indemnify and hold us, our parents, subsidiaries, affiliates, officers and employees harmless, including costs and attorneys" fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of these Terms of Use or FreeTicketExchange Service Policies by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

 

23. Changes to the Service; Cancellation of Service.
We may change the Service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the Service stops right away. Once the Service is cancelled or suspended, any data you have stored on the Service may not be retrieved later. Our cancellation of the Service will not alter your obligation to pay all charges made to your billing account. If we cancel the Service in its entirety without cause, then we will refund to you on a pro-rata basis the amount of payments that you have made corresponding to the portion of your service remaining right before the cancellation.

 

You may cancel the Service at any time, with or without cause, upon notice to us by emailing FreeTicketExchange Customer Service at support@freeticketexchange.com.

 

24. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the Service. It supersedes any prior contract or statements regarding your use of the Service. If you have confidentiality obligations related to the Service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the contract do not limit the other terms of this contract.

 

25. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Service or any part of the Service.

 

26. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

 

27. Claim Must Be Filed Within One Year.
Any claim related to this contract or the Service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you. It also applies to us and our successors and assigns.

 

28. Your Notices to Us.
You may notify us as stated in the customer support or "help" area for the Service. We do not accept e-mail notices.

 

29. Notices We Send You; Consent Regarding Electronic Information.
This contract is in electronic form. We have promised to send you certain information in connection with the Service and have the right to send you certain additional information. There may be other information regarding the Service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your access to the Service. We may provide required information to you:

 

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you can access and use the Service, you have the necessary software and hardware to receive these notices. If you do not consent to receive any notices electronically, you must stop using the Service.

 

30. Contracting Party, Choice of Law and Location for Resolving Disputes.
Nevada state law governs the interpretation of this contract and applies to claims for breach of it, regardless of conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will be subject to the laws of your state of residence in the United States. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Carson City, NV, USA for all disputes arising out of or relating to this contract.

 

31. NO AGENCY
You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

 

32.  NOTICES
Notices and Procedure for Making Claims of Copyright Infringement

 

Under Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to service provider"s designated agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Notice and Procedure for Making Claims of Copyright Infringement.

 

Copyright and Trademark Notices
All contents of the Service are Copyright 2007 FreeTicketExchange Corporation and/or its suppliers, 419 Lafayette Street, New York, NY, U.S.A. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the Service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content. FreeTicketExchange, and/or other FreeTicketExchange products and services referenced herein may also be either trademarks or registered trademarks of FreeTicketExchange in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE FREETICKETEXCHANGE SITE OR SERVICES. BY USING, VISITING OR BROWSING THE FREETICKETEXCHANGE SITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE.  IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF USE, YOU DO NOT HAVE ANY RIGHT TO USE THE FREETICKETEXCHANGE SITE OR SERVICES. FREETICKETEXCHANGE"S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY FREETICKETEXCHANGE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

Use of this website and the FreeTicketExchange service constitutes an acceptance of our Terms of Use and Privacy Policy.
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