This is a legally binding agreement (“Agreement”) between you (the “User” or “You”) and Us.
We only have one version of the Website (even when available from different servers), and in order to be able to service all Customers in the same way and for the same levels of pricing, in principle all Customers have access to the same version of the Website, unless specifically agreed otherwise in writing.
The Website provides functionality related to reserved seating and other aspects of managing seats at venues and events.
Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract may become Users.
Users who represent legal entities must ensure that they have the necessary powers in order to do so. Seats.io is entitled to verify, through its own processes, whether or not a User can validly represent a legal entity.
Any action or omission by a User on behalf of the legal entity that User represents, is deemed to be an action or omission of that legal entity vis-à-vis Seats.io.
When a User registers on the Website and creates their User Account, User will choose a username and password. User is responsible for maintaining the confidentiality and security of this username and password. Any use done through such username and password will be the sole responsibility of the User or the legal entity that User represents.
User must inform Seats.io immediately in case of any unauthorized use, misuse or abuse of their username(s) or password(s), or any other breach of data security.
Seats.io is entitled to charge a fee for some or more functionality or scope of use of the Website and the User account.
Consequences of termination are:
Use of the Website is subject to normal rules of good behavior. That means, in practice, the following:
We can block access to the Website or any part thereof if We find that You are or seem to be in breach of these rules. If and when appropriate, Seats.io will endeavour to provide reasonable notice to remedy such breach. That does not limit Our other rights, e.g. to claim damages.
The Website and all component parts thereof (including the look-and-feel, any underlying code, or any data contained therein) and all intellectual property rights (copyrights, patents, trademarks, etc.) therein are owned by or licensed to Seats.io. Your use of the Website and any part thereof is subject to a license of use, which Seats.io grants you on a non-exclusive, limited, conditional and non-transferable basis.
As a condition of Your license, the following restrictions apply:
You agree that the floorplans and any other drawing made through the use of the Website are limited to the technical aspects of a drawing. Therefore, no copyright is assumed to arise thereon since floorplans and all the elements thereof are a technical rendering and presentation with a functional purpose, and you specifically waive any right to invoke the existence or application of such copyright.
Notwithstanding the foregoing, You grant Seats.io an unlimited, worldwide, non-exclusive, transferable, irrevocable, royalty-free and fully paid-up license to any data, content, drawing, floorplan, configuration, idea, or any other aspect of content, code or material that you provide or use through the Website, for any use whatsoever. This license survives any termination of Your User Account.
For the duration of this Agreement, You grant Seats.io the right to mention your name and place your logo on the Website to identify You as a customer of Seats.io. This right is included in the pricing We provide, and is an essential part of the commercial considerations between us.
Use of most functionalities of the Website is subject to payment of the User fees charged by Seats.io, as agreed between Seats.io and the User.
Except if stated otherwise, all fees are exclusive of taxes (such as VAT), are payable upfront and non-refundable.
When pricing per use is agreed, Seats.io will provide an overview of actual use incurred, and charge accordingly.
Timely payment of fees is of the essence. When fees properly invoiced are not paid on their due date, Seats.io is entitled, without incurring any liability whatsoever, to suspend the User Account until full and final payment has been received. In addition, in case of late payment, after Seats.io has sent at least one reminder, Seats.io is entitled to charge an administrative fee for collection of payments due. This administrative fee is set at €300 for each event of late payment.
Seats.io is entitled to impose a particular payment method (e.g. through credit card authorization) in order to ensure payment and limit costs of fee collection.
Prior to using the Website, User has to complete a technical integration. As a result (and because of the availability of Seats.io’s technical documentation), User has, or should have, a very good understanding of the technical and functional aspects of the Website. Consequently, Seats.io provides the Website and the functionality and services thereon “as is”, and provides no warranty, either express or implied, on any functionality or data.
Therefore, User acknowledges and accepts that use of the Website is at the sole risk and responsibility of User.
As with any software, there is the unavoidable risk, and statistical almost certainty, of the existence of errors, bugs or mistakes. While Seats.io takes what it believes to be appropriate measures to limit these risks, Seats.io cannot, and does not represent or warrant that the materials in the Website are accurate, complete, reliable, current, not subject to correction, or error-free or that the Website or its servers are free of any harmful components.
User warrants that it has the right to use the functionality of the Website and that its use thereof will not infringe any third party rights.
The use of the Website for Users is an integrated experience. The final result is dependent upon many different factors, including the quality and complexity of the integration done by the User or under their direction, aspects such as the technical, functional and user experience/user interface choices made by the User, the interaction between these and the Website, the fact that many different Users use the Website, and the interaction with all parties’ platform and web-infrastructure providers.
While Seats.io aims to provide a consistent service, however, as a result of this inherent complexity, Seats.io will have no liability, and any User waives any claim, based on the Website, its performance and functions, the services provided thereon, the data contained therein or accessed through the Website, or any transaction, service or functionality transacted or made available through the Website.
Consequently, Seats.io will not be liable for any breakdown of the Website, interruption or malfunction of the services provided through the Website, or any other malfunction or technical issues related to the operation of the Website, unless this is the result of Seats.io’s fraud, or its intentional, malicious or gross negligence.
Seats.io will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality.
Under no circumstances will Seats.io be liable for any indirect losses, including any loss of business or loss of profit.
To the extent permitted by applicable law, in any event will Seats.io’s liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability or 1.000,- Euro.
The provisions of this clause do not exclude Seats.io’s liability for fraud or intentional, malicious or gross negligence.
Seats.io provides the Website to all of its customers. Although Seats.io aims to provide its services in a continuous manner, however, in order to maintain the integrity of the Website or the access thereto, or for any other legitimate purpose, Seats.io may suspend the provision of services or access to the Website to any particular User, at its reasonable discretion, with or without notice. Seats.io will not incur any liability as a result thereof.
If any provision of the Agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected.
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