2. WHAT WE DO. We are an online marketplace dedicated to the facilitation of transfers of tickets between ticketholders. Buyers may bid, or name a price, that they are willing to pay for a ticket. A Seller may accept a bid, thereby creating a contract for sale between the Seller and Buyer. We are not a ticket vendor and are not responsible for actions which are performed by Sellers, Buyers, Users or Event Operators.
3. PARTIES. The term “you” or “your” refers to any user, purchaser, or visitor of www.hungrytickets.com (“the Website”), including any content, services, functionality, mobile applications, and downloadable materials (“the Services”). By using this website, you agree that you are at least 18 years old or of legal age in your applicable jurisdiction and eligible to form a binding contract with the Company. Collectively, you and Company will be referred to as “the Parties.”
7. ACCESS AND USE OF WEBSITE. Company reserves the right to modify or discontinue the Website or Services, or any part thereof, temporarily or permanently, with or without notice. You agree that Company will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period.
8. USER ACCOUNT. If you are provided with a username, password or any other account information, you must treat such information as confidential. You may not provide your username, password or other account information to another person or provide any other person with access to the Website or Services using your username, password, or other security information. You agree to notify us immediately of any authorized access to or use of your account, username or password. You agree to exit your account at the end of each session and exercise caution when accessing an account from a public or shared computer so that others are not able to view or record your personal information.
9. TICKET BUYING PROCESS. Buyers may bid on any number of tickets at no cost. Buyer may change or cancel its bid at any time before it is accepted by a Seller. When a buyer places a ticket bid, the bid price with fees and taxes will be placed on hold and the buyer will see this charge “pending” on their credit/debit card until a Seller has agreed to accept the bid, or until the day the event has finished, or seven (7) days have passed. If a Seller accepts the bid, the money will be collected and the credit/debit card will be charged. If the bid expires, the pending charge will simply disappear.
10. FEES. Buyer will pay to Company fee of 10% of the ticket(s)’ actual transaction value of sale. Sellers who faithfully transfer tickets to buyers prior to the start of an event (in a fashion that can actually be used for actual admission to an event) will pay to Company a 20% fee of ticket(s) actual transaction value of sale. Failure on the part of the seller to faithfully transfer ticket(s) to a buyer in the defined manner will be liable to pay hungrytickets a 240% fee of ticket(s) actual transaction value of sale.
12. refund policy: All tickets are non-refundable. All sales are final.
13. eVENT CANCELLATIONS OR CHANGES: In the event that a ticketed event is cancelled or changed in any way, the Event Organizer or operator of the stadium/venue that makes these changes is liable for the changes and any potential refund, as specified by the ticket. Company is not responsible or liable for any event cancellation or changes. Company is furthermore not liable for travel or any other expenses that you or anyone else incurs in connection with a canceled, postponed, rescheduled, or moved event.
14. SELLER TERMS. Sellers affirm that they own, have possession of, and immediate access to, the tickets before they accept a bid. Seller affirms that he/she is the sole owner of the tickets and is authorized to sell the tickets prior to he/she accepting a bid from a Buyer. Seller warrants that all tickets are genuine and not counterfeit. Sellers agree that the acceptance of a bid constitutes a legal acceptance of a contract of sale. All sales are final. Payments will be released to Seller 48 hours after the event. This allows the Buyer time to confirm the validity of the tickets, including correct location, zone, section, seat numbers and seat location. Sellers who fail to transfer tickets to buyers prior to the start of an event (in a fashion that can actually be used for actual admission to an event) are subject to cancellation of sale and possible liability for 240% penalty in the event that the accepted bid remains unaccepted.
15. INTELLECTUAL PROPERTY RIGHTS. All content and features on the Website, including but not limited to information, software, images, text, designs, graphics, video, audio, and the arrangement thereof, are owned by the Company, its licensors or other providers of such material, and are protected by copyright, patent, trademark, trade secret and other intellectual property or proprietary rights laws. The Company name, trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its licensors. You may not use such trademarks or other intellectual property belonging to the Company without the prior written consent of the Company.
16. Website for personal use: the website and services are solely for personal and non-commercial use. you may not use the content or other materials for any commercial purpose of for any noncommercial or commercial public display.
17. NFT OWNER DISCOUNT; owners of hungrytickets hounds nfts are subject to waived or reduced fees.
18. NO RESELLER OR BOX OFFICE USAGE OF NFTS; Privileges of fee waivers and discounts bestowed upon owners of Hungrytickets Hounds Nfts are reserved for the personal use of human (not corporate) owners and are limited to reasonable use by the owner for the benefit of the owner, owner’s family, and friends. excessive usage of this privilege may classify you as a professional (re)seller unless adequate explanation is provided on your part. failure to provide such explanation within 30 days of a challenge to your actions may be considered a violation of terms of agreement and may void the validity of nft owner permissions and rights.
19. NO REPRODUCTION. You may not reproduce, distribute, modify, create derivative works of, republish, transmit, sell, resell, or exploit any of the material on the Website.
20. COPYRIGHT INFRINGEMENT NOTICE. If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Company of your claim at firstname.lastname@example.org as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
B. Identification of the copyrighted work that you claim has been infringed;
C. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
D. Your address, telephone number and email address;
E. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.
21. REPEAT INFRINGER POLICY. In accordance with the DMCA and other applicable law, the Company has a policy of terminating the user accounts of repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
22. USER CONTRIBUTIONS. By submitting a comment, photo, video or other materials onto our Website, you agree that we have a non-revocable commercial license to republish your submission in whole or in part, unless you explicitly state in writing that we do not have such permission.
23. TAXES. Users are responsible for complying with all applicable taxes. Company will provide any forms such as 1099k forms as required by local laws.
24. ACCESS REGIONS. The Website is designed to be accessed from within only Canada and the United States of America. Access from outside these locations is at your own risk.
25. THIRD PARTIES AND THIRD-PARTY WEBSITE LINKS. Company is not liable for any of the policies or actions of the third parties engaged in the transactions, including, but not limited to Seller, Buyer, TicketMaster, venue, or any other third-parties. If Company, its Website or Services provide links to other sites and resources provided by third parties, including links in advertisements or sponsored links, these links are provided solely for your convenience. Company cannot control the contents of third party websites and if you choose to access third party websites you do so at your own risk. Company is not responsible for and does not endorse such third party sites. You agree that Company will not be liable for any loss or damage that may arise from your use of them.
27. MOBILE SERVICES. The Service may include certain services that are available via mobile device “Mobile Services.” To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. By using the Mobile Services, you agree that we may communicate with you by SMS, MMS, text messages or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
29. WEBSITE MONITORING / ENFORCEMENT. We have the right to monitor User Content and to remove or refuse to post any User Content for any or no reason in our sole discretion. We have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or User Content.
31. GENERAL DISCLAIMER. To the fullest extent permitted by law, we expressly disclaim any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of contracts; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, Services, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. Website and Services are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company shall not be liable for any and all liability arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Please note that seating maps are representative of a venue’s layout; however, they are subject to change at any time, and We are not liable if the seating map is updated, if additional seats / rows are added, or if seats change as a result of a venue change after purchase.
32. WARRANTIES disclaimer: Your use of this Website, its content, Services or items obtained through the Website is at your own risk. The Website, its content, Services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
33. THIRD PARTY DISCLAIMER. We are not liable for any defamatory, offensive or illegal conduct of any third parties. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, programs, data or other proprietary material due to your use of the website or any services or items obtained through the Website. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and will not be responsible for them or any loss that may result from their use.
34. TECHNOLOGY DISCLAIMER. We make reasonable efforts to provide you with modern, reliable technology. However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure. The Website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all information on the Website and Services are completely accurate, complete or up to date, and disclaim liability for any such errors or omissions. The site may be unavailable for maintenance briefly every Monday, Wednesday and Friday between the hours of 1:00 and 2:00 (a.m.) Eastern Standard Time.
35. ASSUMPTION OF RISK. By accessing the Website, its Services and related material, whether paid or unpaid, you assume the risk of your access and any subsequent actions you choose to take as a result of the informational or educational materials provided to you.
37. LIMITATION ON LIABILITY. You agree that limitation of liability is restricted to either the greater of all fees you have paid to us within the previous 12 months, or $200. You understand and agree that, to the maximum extent permitted by applicable law, the Company will not be liable for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and Services, including without limitation any liability for any loss of revenue; loss of actual or anticipated profits; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties, whether caused by negligence, breach of contract or otherwise. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
39. ENTIRE AGREEMENT. This Agreement constitutes the final, exclusive Agreement between you and Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and Company regarding the Website are expressly merged into and superseded by this Agreement.
40. CONTACT. This Website is operated by HUNGRYTICKETS.COM, INC., P.O. BOX 5955, TAMPA, FL 33572. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: email@example.com
42. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule.
43. BINDING ARBITRATION, VENUE AND CHOICE OF LAW. Any controversy or claim arising out of or relating to this Terns of Use, or the breach thereof, including the applicability and/or enforceability of this binding arbitration provision, shall be settled exclusively by binding and non-appealable arbitration administered by the American Arbitration Association, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The number of arbitrators shall be three. The place of arbitration shall be tampa, florida. Florida law shall apply. Each party shall pay its own proportionate share of arbitrator fees and the arbitration fees and expenses of the American Arbitration Association. This binding arbitration will be the Parties’ sole remedy in the event of a dispute between the Parties. The Parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
All inquiries shall be addressed to firstname.lastname@example.org.
August 1st, 2022, 2:30 pm