Happy Fan Tickets – Inner Drive, LLC
Terms and Conditions of Use
Last updated: June 1, 2011
Happy Fan Tickets – Inner Drive, LLC (“Happy Fan Tickets”) provides a collection of online resources, which includes an online forum, to allow its users to list tickets and exchange information regarding those tickets (the “Service”) on the website www.happyfantickets.com subject to these Terms and Conditions of Use (these “Terms”). Happy Fan Tickets is not involved in any way in, or liable for, the purchase or sale of tickets that a user lists through the Service, it being the sole responsibility of the buyer and seller in any such transaction to arrange for any such sale or purchase and any payment or delivery of the tickets that are the subject of such sale or purchase. By using the Service, you agree to comply with these Terms. Additionally, when using a portion of the Service, you agree to conform to any applicable posted guidelines for such Service, which may change periodically. You understand and agree that you are solely responsible for reviewing these Terms from time to time. Should you object to any term or condition of these Terms, any guideline, or any subsequent changes thereto or become unhappy with Happy Fan Tickets in any way, your only choice is to immediately discontinue use of Happy Fan Tickets. These Terms may be updated by Happy Fan Tickets at any time at its sole discretion. Happy Fan Tickets may send you notices of changes to the Website or the Terms pursuant to Section 19(H) herein. Happy Fan Tickets may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is for your convenience only and that the English version governs the terms of your relationship with Happy Fan Tickets. Furthermore, if there are any inconsistencies between the English version of the Terms and any translation, the English version of the Terms shall govern. You understand and agree that to the extent you are located in the United States, you will utilize the Service in compliance with any laws, regulations, and guidelines that may be under the jurisdiction of the Office of Foreign Asset Control, U.S. Department of Treasury.
A. You understand that Happy Fan Tickets does not control, and is not responsible for ads, directory information, listings/information, messages between users, including without limitation emails outside Happy Fan Tickets’ email system or other means of electronic communication, whether through the Website or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, listings/information and directory information or any other material made available through the Website and the Service (“Content”), and that by using the Website and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, incomplete, misleading, or otherwise objectionable. You acknowledge and 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 Happy Fan Tickets be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the use of any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Happy Fan Tickets does not pre-screen or approve Content, but that Happy Fan Tickets has the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the spirit of the Website or the Terms or for any other reason or no reason. Furthermore, the Website and Content available through the Website may contain links to other third party websites (“Third Party Websites”), which are completely unrelated to Happy Fan Tickets. If you link to Third Party Websites, you may be subject to those Third Party Websites’ terms and conditions and other policies. Happy Fan Tickets makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Happy Fan Tickets disclaims all liability with respect thereto. B. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking or publishing it. More specifically, you are solely responsible for all Content that you upload, email or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Website (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Happy Fan Tickets to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and (iii) as set forth more fully in Section 9 of these Terms below, you will defend, indemnify and hold harmless Happy Fan Tickets from any and all claims or actions of any kind whatsoever relating to such Content, including without limitation, any and all costs, expenses, and attorneys’ fees incurred by Happy Fan Tickets as a result of such claims or actions. For clarity, although you retain all of your ownership rights in your Content, by submitting the Content to Happy Fan Tickets, you hereby automatically grant to Happy Fan Tickets, and you represent and warrant that you have the right to grant to Happy Fan Tickets, an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licenseable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Website and Happy Fan Tickets’ (and its successors’) business, including without limitation for the purpose of promoting and redistributing part or all of the Website and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Happy Fan Tickets in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Happy Fan Tickets all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Website by any party for any purpose. You also hereby grant each user of the Website a non-exclusive license to access your Content through the Website. The foregoing license to each user granted by you terminates once you remove or delete such Content from the Website. C. Happy Fan Tickets does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Happy Fan Tickets expressly disclaims any and all liability in connection with user Content. Happy Fan Tickets does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Happy Fan Tickets may, at its sole discretion, remove any infringing Content if properly notified that such Content infringes on another’s intellectual property rights. Happy Fan Tickets reserves the right to remove any Content without prior notice. Happy Fan Tickets may also terminate a user’s access to the Website, if they are determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Website more than twice. Further, at its sole discretion, Happy Fan Tickets reserves the right to decide whether any Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene, libelous, or defamatory material, or excessive length. Happy Fan Tickets may remove such Content and/or terminate a user’s access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion. D. Happy Fan Tickets may provide a video service to you if you upload photographs for your ad. By uploading your photographs, you irrevocably consent to the use of your photographs for this service and represent and warrant that you have all right, title and interest necessary to upload and use the photographs on this service. Under this service, using a third party application or service, Happy Fan Tickets may, at its discretion, create a video of your photographs, upload the video via www.YouTube.com or another third party service provider, as determined by Happy Fan Tickets at its discretion, and embed the video into your ad on Happy Fan Tickets.
You agree not to post, email, or otherwise make available Content: o that violates any law; o that is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Happy Fan Tickets all of the license rights granted herein; o that is harmful, unlawful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harms minors in any way; o that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; o that impersonates any person or entity, including, but not limited to, a Happy Fan Tickets employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; o that includes personal or identifying information about another person without that person’s explicit consent; o that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; o that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; o that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement; o that constitutes or contains any form of advertising or solicitation if (1) posted in areas or categories of the Website which are not designated for such purposes; or (2) emailed to Happy Fan Tickets users who have requested not to be contacted about other services, products or commercial interests; o that includes links to commercial services or Third Party Websites, except as specifically allowed by Happy Fan Tickets; o that advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by Illinois or any other state’s law; o that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; o that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or o that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service. Additionally, you agree not to: o contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; “stalk” or otherwise harass anyone; o make any libelous or defamatory comments or postings to or against anyone; o collect personal data about other users for commercial or unlawful purposes; o use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, except for internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file; o post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure; o attempt to gain unauthorized access to Happy Fan Tickets’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Website. o use any form of automated device or computer program that enables the submission of postings on Happy Fan Tickets without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or o use any form of automated device or computer program (“flagging tool”) that enables the use of Happy Fan Tickets’ “flagging system” or other community moderation systems without each flag being manually entered by the person that initiates the flag (an “automated flagging device”), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these Terms.
Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Happy Fan Tickets’ resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Happy Fan Tickets. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Happy Fan Tickets.
Happy Fan Tickets grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service or any Content not owned and posted by you, or any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Happy Fan Tickets. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in ticket listings, classified listings or in any subset of ticket listings or classifieds listings such as tickets, jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services. Happy Fan Tickets permits you to display on your website, or create a hyperlink on your website to, individual postings on the Service so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed on or linked to your website exceeds one hundred (100) postings, your use will be presumed to be in violation of these Terms, absent express permission granted by Happy Fan Tickets to do so. You may also create a hyperlink to the home page of the Website so long as the link does not portray Happy Fan Tickets, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. Happy Fan Tickets offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Happy Fan Tickets permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘Happy Fan Tickets’ as the source, (d) your use or display does not suggest that Happy Fan Tickets promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden Happy Fan Tickets’ systems. Happy Fan Tickets reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the Service beyond the scope of authorized access granted to you by Happy Fan Tickets immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Happy Fan Tickets.
If you are a copyright owner or an agent thereof and believe that any user Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Happy Fan Tickets to locate the material; 4. Information reasonably sufficient to permit Happy Fan Tickets to contact you, such as an address, telephone number, and, if available, an electronic mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Happy Fan Tickets’ designated Copyright Agent to receive notifications of claimed infringement is via e-mail to firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Happy Fan Tickets’ customer service by clicking on the Contact Us link on the Happy Fan Tickets website. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.
You acknowledge and agree that the materials on the Website, other than the user Content that you licensed under Section 2(b) of the Terms, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Materials”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Happy Fan Tickets, and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the Website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Happy Fan Tickets reserves all rights not expressly granted herein to the Website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the Website or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Website, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Website, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Happy Fan Tickets™ is a service mark and trade name owned by Happy Fan Tickets – Inner Drive, LLC, the registration of which with the U.S. Patent and Trademark Office is pending.
You understand that when using the Website, you will be exposed to Content from a variety of sources, and that Happy Fan Tickets is not responsible for the accuracy, completeness, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, incomplete, misleading, offensive, indecent, or objectionable, defamatory or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Happy Fan Tickets with respect thereto. If you list tickets using the website, then you warrant that your descriptions of the tickets accurately and completely details and describes the tickets listed and discloses all material information with respect thereto. As used in this paragraph, “material information” shall mean information necessary to ensure that the descriptions and disclosures provided by you regarding the tickets are accurate, complete, not misleading and otherwise contain all information that a reasonable person would require in assessing whether to contact you with respect to purchasing the listed tickets. If at any time Happy Fan Tickets becomes aware that you have listed invalid, fraudulent, or misrepresented tickets, Happy Fan Tickets reserves the right to enforce the consequences set forth in Sections 12 and 18 of these Terms in its sole discretion and, if necessary and/or applicable, you shall be liable for any indemnification of Happy Fan Tickets as set forth in Section 9.
You agree to defend, indemnify and hold harmless Happy Fan Tickets, its officers, members, managers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) relating to or arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Happy Fan Tickets email addresses or through Happy Fan Tickets computer systems are expressly prohibited by these Terms. You acknowledge and agree that from time to time Happy Fan Tickets may monitor email usage via using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Happy Fan Tickets e-mail system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Website may be used only in accordance with the Terms. Any unauthorized use of Happy Fan Tickets computer systems is a violation of these Terms and certain federal and state laws, including without limitation, the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties. Such violations may subject the sender and his or her agents to civil and criminal penalties.
You acknowledge and agree that Happy Fan Tickets shall not be liable for your interactions with any organizations and/or individuals found on the Website or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Happy Fan Tickets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on the Website, or between users and any third party, you understand and agree that Happy Fan Tickets is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release Happy Fan Tickets, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
You acknowledge and agree that Happy Fan Tickets may establish limits from time to time concerning use of the Service, including among others, the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You acknowledge and agree that Happy Fan Tickets has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge and agree that Happy Fan Tickets reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Happy Fan Tickets shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. You acknowledge and agree that Happy Fan Tickets, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason or no reason, including, without limitation, if Happy Fan Tickets believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Happy Fan Tickets shall not be liable to you or any third-party for any termination of your access to the Service and you agree not to attempt to use the Service after said termination.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. HAPPY FAN TICKETS, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HAPPY FAN TICKETS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. HAPPY FAN TICKETS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HAPPY FAN TICKETS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL HAPPY FAN TICKETS, ITS OFFICERS, MEMBERS, MANAGERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF HAPPY FAN TICKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE HAPPY FAN TICKETS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT HAPPY FAN TICKETS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Happy Fan Tickets from its facilities in the United States of America. Happy Fan Tickets makes no representations or warranties that the Website is appropriate for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and risk and are responsible for compliance with local law.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Happy Fan Tickets without restriction. Any assignment or transfer by you shall be null and void.
This Website is intended only for adults. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR GUARDIANS If you are under the age of 13, YOU MUST NOT USE THIS WEBSITE. Please do not send US your personal information, including your email addresses, name, and/or contact information. If you want to contact US, you may only do so through your parent or legal guardian.
These Terms and the other policies posted on the Website constitute the complete and exclusive understanding and agreement between you and Happy Fan Tickets and govern your use of the Service and the Website superceding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. The Terms and the relationship between you and Happy Fan Tickets shall be governed by the laws of the State of Illinois without regard to its conflict of law principles. You and Happy Fan Tickets agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois. The failure of Happy Fan Tickets to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. If any provision or provisions of these Terms is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of the Terms shall not in any way be affected or be impaired. YOU AGREE THAT ANY CAUSE OF ACTION BROUGHT BY YOU AND ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE AND/OR THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, EXCEPT THAT HAPPY FAN TICKETS MAY COMMENCE ANY SUCH CAUSE OF ACTION IN ACCORDANCE WITH THE APPLICABLE STATUTE OF LIMITATIONS UNDER ILLINOIS LAW. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. These Terms shall inure to the benefit of and be binding upon each party’s successors and assigns.
Please report any violations of the Terms that you become aware of by contacting us using the “Contact Us” link at the bottom of the Happy Fan Tickets homepage at www.HappyFanTickets.com. Any failure to act by Happy Fan Tickets with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Happy Fan Tickets liquidated damages as follows: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree that Happy Fan Tickets in its sole discretion may disclose identifying information about you to the victim, and that should Happy Fan Tickets bring a claim against you in court, that you will pay Happy Fan Tickets one thousand dollars ($1,000) for each such message. b. If Happy Fan Tickets establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Happy Fan Tickets one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Happy Fan Tickets in excess of such limits, whichever is higher. c. If you send unsolicited email advertisements to Happy Fan Tickets email addresses or through Happy Fan Tickets computer systems, you agree to pay Happy Fan Tickets twenty five dollars ($25) for each such email. d. If you post messages in violation of these Terms, other than as described above, you agree to pay Happy Fan Tickets one hundred dollars ($100) for each such message. In its sole discretion, Happy Fan Tickets may elect to issue a warning before assessing damages. e. If you are a Posting Agent that uses the Service in violation of these Terms, in addition to any liquidated damages under clause (d), you agree to pay Happy Fan Tickets one hundred dollars ($100) for each and every item you post in violation of these Terms. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of these Terms) agrees to pay Happy Fan Tickets an additional one hundred dollars ($100) for each item posted by the Posting Agent on behalf of the Principal in violation of these Terms. f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Happy Fan Tickets’ express written permission, you agree to pay Happy Fan Tickets ten thousand dollars ($10,000) for each day on which you engage in such conduct. Otherwise, you agree to pay Happy Fan Tickets’ actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, Happy Fan Tickets retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. Happy Fan Tickets may investigate complaints and violations of these Terms. You agree to cooperate fully with such investigations, including without limitation, providing specific information regarding your use of the Website and any knowledge you have regarding any tickets listed on the Website.