Welcome to our website. TopsandSeats.com and its associates provide their services to you subject to the conditions included in this Terms of Service and other customer service pages. Please read them carefully. By visiting or using this website, you acknowledge that you have read and accept these conditions.
Use of Site
TopsandSeats.com grants you a limited license to access and view the information, materials, documents, images, and related graphics (collectively, the "Contents") at this site solely for personal and non-commercial use. You may not modify the Contents at this site in any way, reproduce or transmit in any form, by any means, publicly display, perform, distribute or otherwise use the Contents for any public or commercial exploitation, except as otherwise explicitly provided at this site or with express written consent of TopsandSeats.com. Any unauthorized use of the Contents on any other Internet site or networked computer environment for any purpose is strictly prohibited. This site and the Contents are the property of TopsandSeats.com or its affiliates, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the homepage of TopsandSeats.com. Under no circumstances shall the link portray TopsandSeats.com, its subsidiaries, associates or their products or services in a negative, false, derogatory or misleading manner. Without express written authorization , no portion or element of the TopsandSeats.com logo or other proprietary graphic or trademark shall be part of the link.
You assume full responsibility and all risks arising from use of this site. The Contents may include technical inaccuracies or typographical errors. Topsandseats.com reserves the right to make additions, deletions, or modifications to this site or the Contents, or in the products or services described in the Contents, at any time without any obligation to notify you of such changes. This site may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
Copyright
All of the content featured or displayed on this site, including, but not limited to, text, graphics, logos, photographs, images, button icons, moving images, sound, illustrations and software ("Contents"), is owned by TopsandSeats.com, its licensors and/or its content providers. All elements of this site, including, but not limited to, the general design and the Contents, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights and protected by United States and international copyright laws. Except as explicitly permitted under this or another agreement with TopsandSeats.com or one of its subsidiaries, no portion or element of this site or its Contents may be copied or retransmitted via any means and the site, its Contents and all related rights shall remain the exclusive property of TopsandSeats.com, its licensors and/or its content providers unless otherwise expressly agreed.
Trademarks
TopsandSeats.com possesses rights in the United States and elsewhere in its trademarks, service marks, trade names, designs, logos and other trade dress used in connection with the products or services described in the Terms. No use of any Topsandseats.com trademark, service mark, trade name, design, logo or other trade dress may be made without prior written authorization. Except as permitted by these Terms, nothing contained in this site should be construed as granting, by implication, estoppel, or otherwise any license or right to any person under any patent, trademark, copyright or other proprietary right of TopsandSeats.com. Company, product, and service names that appear and are mentioned on this site that are not owned by TopsandSeats.com or its subsidiaries are trademarks or service marks of their respective owners, who may or may not be affiliated with, connected to or sponsored by TopsandSeats.com or its subsidiaries. All manufacturer names and variations thereof are trademarks or property of their respective manufacturers and are used for reference purposes only.
Membership Account
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). If you are under the age of 18, you may use this website only under the supervision of a parent or guardian. TopsandSeats.com and its associates reserves the right to refuse service, cancel orders, remove/edit content or terminate accounts in their sole discretion. Furthermore, you agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and site. We have the right to provide user billing, account, content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Anyone able to provide your personally identifiable information can access your account so you should take reasonable steps to protect this information.
Comments and Suggestions
We appreciate hearing from our customers and welcome comments and suggestions regarding TopsandSeats.com and the products offered for sale, provided that such comments and suggestions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringements of intellectual property rights or otherwise objectionable or injurious to third parties and do not contain or consist of viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam." You may not use a false email address, impersonate any person, or otherwise mislead as to the origin of any comment or suggestion.
Any feedback, comments or suggestions submitted to this site shall become the property of TopsandSeats.com and shall not be subject to any obligation of confidentiality on the part of TopsandSeats.com and its associates. TopsandSeats.com and its associates shall not be liable for any use or disclosure of any such feedback, comments or suggestions. TopsandSeats.com and its associates shall be entitled to unrestricted, non-exclusive, irrevocable, royalty-free and perpetual right to use of any such feedback, comments or suggestions for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the information. You represent and warrant that you own or control all of the rights to the content that you submit. TopsandSeats.com takes no responsibility and assumes no liability for any content submitted by you or any other third party.
Product Descriptions
TopsandSeats.com and its associates make all reasonable efforts to be as accurate as possible when describing product information and other content. However, TopsandSeats.com does not warrant that product descriptions or any other content including pricing in this site to be totally accurate, complete, current, reliable or error-free. The descriptions or contents may include typographical errors or product specification and/or technical inaccuracies. If a product offered by TopsandSeats.com itself is not as described, the sole remedy is to return the item in unused condition. Additionally, the display and color capabilities of your computer monitor can affect the colors that you actually see on your screen. TopsandSeats.com cannot guarantee that your monitor's display of any product color, texture or detail will be accurate.
Interruption of Service
TopsandSeats.com and its associates shall not be liable for any interruption of service due to causes beyond its control, including, but not limited to, the following: the unavailability or refusal of a person to accept delivery of the shipment; acts of God; acts of public authorities acting with actual or apparent authority; acts or omissions of customs or similar authorities; insufficient information provided by a customer; the application of security regulations imposed by the government, or otherwise applicable to the shipment; riots, strikes or other labor disputes; civil unrest; disruptions in air or ground transportation networks and natural disasters.
Indemnification
You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of this website and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Jurisdictional Issues
These Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions.
Disputes
All disputes arising out of or relating to your visit to TopsandSeats.com or any products you purchase through TopsandSeats.com shall be finally resolved by arbitration conducted in the English language in the State of California, U.S.A. under the commercial arbitration rules of the American Arbitration Association, except that, to the extent you have in any manner violated or attempted to violate TopsandSeats.com intellectual property rights, TopsandSeats.com shall be entitled to seek injunctive relief, security, or other equitable remedies in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. The parties in arbitration under this agreement shall appoint as sole arbitrator a retired judge who presided in the State of California. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY TopsandSeats.com ON AN
"AS IS" AND "AS AVAILABLE" BASIS. TopsandSeats.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON
THIS SITE. OR THE PROVISIONS FOR SAFEGUARDING OF INFORMATION. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND
THAT YOU ARE SOLELY RESPONSIBLE FOR THE ACCURACY OF THE PERSONAL
AND PAYMENT INFORMATION THAT YOU PROVIDE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TopsandSeats.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TopsandSeats.com DOES NOT WARRANT THAT THIS SITE, ITS SERVICES OR E-MAIL SENT FROM TopsandSeats.com
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TopsandSeats.com (AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND STOCKHOLDERS) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, ANY CREDIT CARD COMPANY'S NON-AUTHORIZATION OF A USER'S CREDIT CARD PAYMENT, OR
FOR DISRUPTIONS IN SERVICE ON THIS SITE, REGARDLESS OF THE CAUSE, AND
ANY LOSS, MISUSE, ALTERATION OR APPROPRIATION OF INFORMATION BY
OTHERS INCLUDING (WITHOUT LIMITATION) DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE AND CONSEQUENTIAL DAMAGES. TopsandSeats.com ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY
OR FAILURE TO STORE ANY USER COMMUNICATIONS OR
PERSONALIZATION SETTINGS.
THE LAW OF CERTAIN STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
Privacy & Security
Please review our Privacy & Security notice for complete details.
Return Policy
Please review our Return Policy for complete details.
Risk of Loss
The risk of loss and title for all items purchased from TopsandSeats.com pass to you upon our delivery to the carrier.
Warranty
Please review our Warranty Policy for complete details.
Site Policies, Modifications & Severability
Please review our other policies posted on this website for further details governing your visit to or any products you purchase through TopsandSeats.com. We reserve the right to make additions, deletions or modifications to our site, policies, and these Terms of Service at any time. If any court of competent jurisdiction determines that any of these conditions, or any portion thereof, invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
How to Contact
If you have any questions about these Terms Of Service, other company policies or the practices of our website you can Contact us by e-mail.
|