Terms of Use
This Poolah Terms of Use, including all linked to or referenced documents and resources (the "Agreement" or "Terms of Use"), govern your use of the Poolah ("Poolah", "We" or "Our") website ("Site"). Our Site and services ("Services") are available for your use only on the condition that you agree to the terms and conditions set forth below, all with the intention to form a legally binding agreement. YOUR ACCESS OR USE OF THE SITE AND SERVICES SHALL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY EXIT THIS SITE.
USER ELIGIBILITY
You must be at least eighteen (18) years old to purchase tickets or plan events on our Site. The Service is provided by Poolah and available only to entities and people who can form legally binding agreements under applicable law. If you do not qualify, do not purchase tickets or plan events without the consent of an adult, who can and will bind you to this Agreement. Poolah does not collect information from children under the age of thirteen (13), as such if you are thirteen (13) or under, please do note use the service or provide us any information about you.
DESCRIPTION OF SITE
Poolah provides users with on-line access to artist\'s event information and promote, organize, and manage their favorite artist event series, as well as buy and sell tickets. Poolah may also provide new features or information on the Service, which shall be subject to this Agreement. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. POOLAH ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR MISDELIVERY OF ANY INFORMATION OR ANY PERSONALIZED SETTINGS.
TRUTHFULNESS AND ACCURACY OF THE INFORMATION YOU
PROVIDE; COMPLYING WITH LAWS; VERIFICATIONS AND
AUTHORIZATIONS
The sale or purchase of tickets to entertainment events is regulated by certain states, counties and cities. You may be asked to provide information during processes you engage in on the Site. You represent and warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with laws is your responsibility, AND YOU AGREE NOT TO HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, you may be prohibited from using the Service.
USER CONTRIBUTIONS TO THE SITE
From time to time, the Site may provide you with opportunities to contribute to the Service, which may include, but not be limited to, uploading your user profile, participating in Poolah\'s Virtual Voting Booth and using bulletin boards. Anything that is contributed to the Service by you or other Service users will be referred to in these Terms as "User Information". Poolah is not liable or responsible for any User Information. The contributions of third parties do not necessarily represent the view or opinions of Poolah. Poolah cannot preview User Information before it appears. Users can be held liable for any illegal or prohibited User Information they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Service, please notify us at HYPERLINK "policies@poolah.com" policies@poolah.com.
PROHIBITED CONTENT
The following is a partial list of the kind of user Information which is illegal or prohibited on the Service. It includes user Information that:
Is patently offensive to the online community, such as User Information that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; could be harmful to minors;
Misrepresents an artist or event;
Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, racist, threatening, obscene, defamatory or libelous;
Promotes an illegal or unauthorized copy of another person\'s copyrighted work;
Displays pornographic, patently offensive, or sexually explicit material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone\'s privacy, or providing or creating computer viruses;
Solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
Engages in commercial activities without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
OFFLINE CONDUCT
Although Poolah cannot monitor the conduct of users off the Service, it is also a violation of this Agreement to use any information obtained from this Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Service user without their prior written consent.
COMMERCIAL USE
No bulletin board, chat or other areas of this Service may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind, except that Poolah can be used to resell tickets to the extent compliant with law or as agreed to in writing with Poolah. We reserve the right to block access to this Service or Poolah\'s other services, or cancel a ticket order or ticket with respect to any person believed to be, or believed to be acting in concert with any person who is believed to be, violating the law or these Terms of Use.
SERVICES
In some cases, artists and events displayed for sale at the Services may not be available. Poolah cannot guarantee the availability of any particular artist or event displayed on this Site. Poolah reserves the right to discontinue the sale of any tickets or remove any polling or advertisement service, within its sole discretion.
While our goal is a 100% error-free, we do not guarantee that any content is accurate or complete, including price information and event specifications. If we discover price errors, they will be corrected on our Service. Poolah reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions.
VOTING BOOTH
The Poolah Virtual Voting Booth may allow you to create and conduct polls regarding events and artists. We cannot guarantee the accuracy or duration of the polling. The subject matter and choice for the polls may vary. Further, we reserve the right to discontinue, cancel or reject any poll, within our discretion. We cannot and do not guarantee that artists and venues will be available as voted for in each poll. Users are not allowed to conduct any lottery or sweepstakes through the Service.
UNAUTHORIZED USE OF THE SITE
Any illegal or unauthorized use of the Service shall constitute a violation of these Terms of Use. You do not have permission to access the Service in any way that violates, or in the course of violating, these Terms of Use. Illegal or unauthorized use of the Service includes, but is not limited to, using the Site to facilitate illegal ticket sales, promoting an artist or event which you do not have authority to promote, or selling counterfeit tickets.
You acknowledge and agree that Poolah may establish general practices and limits concerning the use of the Service, including without limitation, restrictions on accessing the Service in any given period of time. You agree that Poolah has no responsibility or liability for the deletion or failure to store any communications or information collected, maintained or transmitted by the Service. You acknowledge that Poolah reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice in accordance with the terms herein.
LICENSE AND SITE ACCESS
We will terminate the privileges of any user who uses this Service to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit User Information to the Service, whether articles, images, stories, software or other copyrightable material must ensure that the User Information they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used the Service as an instrument of unlawful infringement, we will terminate the infringing users\' rights to use and/or access to the Service. We may, also in our sole discretion, decide to terminate a user\'s rights to use or access to the Service prior to that time if we believe that an alleged infringement has occurred.
Poolah grants you a limited personal, nontransferable, nonsublicenseable, revocable world wide license to access and make personal use or non-commercial use within your organization, of the Service. This license does not include any resale or commercial use of the Service or its contents; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Poolah and our affiliates without our prior express written consent.
RESTRICTIONS ON USE
All information you provide to us must be true and accurate.
All pages within the Service and any materials made available on these pages for downloading are the property of Poolah and/or its affiliates or other third parties. The Service and portions of the Service are protected by federal and international patent, copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Service that are viewed, downloaded or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials and shall comply with any applicable end user license agreements. You may not input or upload to the Service any information which contains any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, the Service or its contents or that infringes the Intellectual Property (defined hereafter) rights of another.
Any rights not expressly granted by this Agreement are reserved by Poolah.
DISCLOSURE OF CONTENT/MONITORING
Although Poolah has no obligation to monitor any information provided to the Service by its users, including without limitation, User Information, it reserves the right to monitor, retain, and disclose such information if required to do so by law or in a good faith belief that such disclosure is reasonably necessary to comply with legal requirements, to respond to claims that any information violates the rights of third parties, or to protect the rights, property or personal safety of Poolah, its users or the public.
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the Service including without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents ("Intellectual Property") are the sole property of Poolah, or third parties. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works or improvements from, upload, transmit, or distribute the Intellectual Property of the Service in any way without Poolah or the appropriate third party\'s prior written permission. Except as provided herein, Poolah does not grant to you any express or implied rights to Poolah\'s or any third party\'s Intellectual Property. Any rights associated with the content of the Service, which is transmitted, downloaded, or otherwise processed by Poolah, shall be retained by the owner of the content, if any, and may be protected by applicable copyright, trademark, or other laws. This Agreement does not grant you rights in and to such content except as set forth herein.
LIMITATION OF LIABILITY
POOLAH, ITS\' OFFICERS, AGENTS, SUPPLIERS AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THIS SERVICE OR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, INFRINGEMENT, INVASION OF PRIVACY OF BREACH OF CONTRACT. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE). INFORMATION AND SERVICES OFFERED ON AND THROUGH THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
BECAUSE THE LAWS OF SOME STATES MAY NOT ALLOW FOR THE EXCLUSION OF CERTAIN DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless Poolah and its officers, agents, suppliers and affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including without limitation any reasonable attorneys\' fees, resulting or arising from or relating to your use of or conduct on the Service, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Service, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Service.
