TERMS & CONDITIONS
(Last Updated: August 30, 2015)
Section 1. GENERAL
Section 2. INTELLECTUAL PROPERTY
2.1 All information and content included on this Site (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), the compilation of all content on this Site and all software used on this Site (collectively, the "Content") are the property of ScoreBig or its content suppliers and are protected by U.S. and international copyright laws. Please note that the names and images of artists and other persons appearing on this website may be additionally protected under U.S. and international laws concerning rights of publicity and privacy.
Section 3: YOUR ACCOUNT
Section 4. USE OF THE SITE
4.1 ScoreBig hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site subject to the following conditions:
4.1.1 You represent and warrant that you are at least 18 years old and are a member of the Site, or are visiting the Site under the supervision of a parent or guardian who is a member of the Site;
4.1.2 You may display the content of this Site on your internet browser only for your personal, non-commercial use and for the limited purpose of reviewing event and promotional information or purchasing tickets on the Site. You may make a single copy of any webpage from this Site for such personal, non-commercial use, provided that you do not alter the content or remove any copyright, trademark or other proprietary notice contained therein. The grant of this license does not permit you to display on your internet browser, reproduce, page cache, copy, visit, store, or otherwise exploit for any commercial purpose any of the content of this Site without the express written consent of ScoreBig in advance. Commercial uses include, but are not limited to, conducting marketing research, investigating business practices, and engaging in competitive analyzes;
4.1.3 You must abide by all copyright notices, information and/or restrictions contained or referenced in this Site, and, except as permitted in Section 3.1.2, you may not reproduce, download, publish, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise distribute or exploit this Site or any portion of it unless expressly permitted in writing by ScoreBig in advance. Requests may be sent here;
4.1.4 You may not deep-link to the site for any purpose, unless specifically and expressly authorized to do so in writing by ScoreBig in advance;
4.1.5 You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; and
4.1.6 ScoreBig may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and ScoreBig has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE, AND YOU AGREE TO INDEMNIFY , DEFEND AND HOLD SCOREBIG AND ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ALL DAMAGES ARISING FROM SUCH ACCESS AND/OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You must immediately notify ScoreBig of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
4.2 You agree that you will use the Site to purchase tickets only for yourself, your family and friends, or to entertain clients and customers. You will not purchase tickets from the Site with the intent of reselling them. In no event will you use the Site to purchase more than 8 tickets for any event (whether using multiple log-ins, multiple transactions or otherwise). You understand and agree that any purchase by you in violation of this provision may be canceled by ScoreBig as to any or all tickets, including without limitation the first 8 tickets and any tickets you may have resold, without prior notice to you and without any liability to you other than to refund the purchase price of the canceled tickets.
Section 5. TICKET PURCHASE POLICY
5.1 Our Purchase Policy governs any purchases you make through the Site.
5.2 Existing members can receive rewards in the form of credits for purchases of goods on the Site in exchange for referring individuals who become new members and purchase goods through the Site. On shipment of each New Member Order (defined below) the referring member's account will be credited with a reward of ten dollars ($10.00 USD) or such other amount as may be posted from time to time (the "Reward"). A "New Member Order" means the first order for goods on the Site placed by a new member to the Site to whom you sent an email invitation to join the Site. In addition, new members who were referred by existing members can also receive a Reward; upon such new member’s account activation, such new member’s account will be credited with a Reward.
5.3 Rewards may be redeemed only for the purchase of goods on the Site. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. We will notify you when any Rewards are posted to your account. In general, Rewards do not expire until your membership on the Site is terminated; however, to the fullest extent permitted under applicable law, ScoreBig reserves the right at any time in its sole discretion, and without prior notice, to revoke Rewards, discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including adding expiration periods or Rewards values for existing or future Rewards credits. You are prohibited from referring yourself as a new member (whether through the use of aliases, duplicate membership registrations or otherwise) and from otherwise fraudulently or abusively seeking to obtain Rewards to which you are not entitled, and any such fraudulent or abusive behavior will be grounds for immediate termination of your membership and revocation of any Rewards credited as result of such behavior.
Section 7. TERMINATION AND REFUSAL OF SERVICE
7.1 In addition to any other legal or equitable remedies, ScoreBig may, without prior notice to you, immediately terminate the Terms, refuse service, terminate accounts, cancel orders, and/or revoke any or all of your licenses and rights granted under the Terms at its discretion, including, without limitation, if ScoreBig believes that your conduct violates applicable law, the Terms, or is otherwise harmful to ScoreBig's interests.
7.2 Upon any termination of the Terms, you shall immediately cease all access to and use of the Site and ScoreBig will immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Termination of the Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination, and shall be in addition to any other legal or equitable remedies that ScoreBig may have.
Section 8. INTERNATIONAL ACCESS
8.1 This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with all laws and regulations applicable in that jurisdiction.
Section 9. DISCLAIMER AND LIMITATION OF LIABILITY
9.1 ScoreBig's sole obligation or liability for undelivered tickets or any other ticket problems is limited to replacement of the tickets with tickets of equal or greater value, or refund of amounts actually paid by you for such tickets, as determined by ScoreBig in its sole discretion. ScoreBig is not responsible for providing reimbursement to you for travel, lodging, or other expenses under any circumstances unless those items are specifically included as part of a package that you purchased from ScoreBig.
9.2 THE SITE AND THE CONTENT IS PROVIDED BY SCOREBIG EXCLUSIVELY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SCOREBIG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, OR IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. COMPANY MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT, WHETHER SUPPLIED BY SCOREBIG, ITS AFFILIATES, LICENSORS OR ANY OTHER SOURCES. SCOREBIG MAKES NO WARRANTY THAT USE OF THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT USE OF THE SITE OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. Some jurisdictions may not allow the exclusion of implied warranties, and such exclusions may therefore not apply to you.
9.3 UNDER NO CIRCUMSTANCES WILL SCOREBIG BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE.
9.4 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, NEITHER SCOREBIG, ITS AFFILIATES, NOR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES SHALL BE LIABLE FOR (1) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SITE OR THE CONTENT, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE), (2) ANY NEGLIGENCE, ACT OR OMISSION OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY, OR (3) DAMAGES IN EXCESS OF AMOUNTS ACTUALLY PAID BY YOU TO SCOREBIG THROUGH THE USE OF THIS SITE.
Section 10. TYPOGRAPHICAL ERRORS
10.1 In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, ScoreBig shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. ScoreBig shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, ScoreBig shall immediately issue a credit to your credit card account in the amount of the charge.
Section 11. LINKS
Section 12. TRUTHFULNESS AND ACCURACY OF THE INFORMATION YOU PROVIDE; COMPLYING WITH LAWS; VERIFICATIONS AND AUTHORIZATIONS
12.1 The 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.
12.2 You also acknowledge and agree that complying with all applicable laws is your responsibility, AND YOU AGREE NOT TO HOLD SCOREBIG LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR SCOREBIG'S FAILURE TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. SCOREBIG WILL COMPLY WITH THE REQUESTS OF LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO SCOREBIG TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
12.3 If ScoreBig is unable to verify or authenticate any information you provide during any registration, ordering, purchase, authentication, delivery, payment process, or any other process, or if ScoreBig is no longer able to verify or authorize your credit card or bank account information, ScoreBig may cancel your tickets and prohibit your further use of the Site.
Section 13. SUBMITTED CONTENT
13.1 The Terms apply to any journals, recommendations, reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, images, information, data, photographs, software, messages, ideas, comments, questions, or other materials received by ScoreBig from you (collectively "Submitted Content"). ScoreBig shall have the right (but not the obligation) to, from time to time monitor and review Submitted Content and any other information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that ScoreBig deems inappropriate or in violation of the Terms. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review.
13.2 You agree that you are responsible for the Submitted Content, and ScoreBig disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to ScoreBig and for the use by ScoreBig as stated herein, and (b) the use of such Submitted Content by ScoreBig will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site.
13.3 You agree that if you provide Submitted Content, you grant ScoreBig a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you, and you waive all moral rights with respect thereto. You agree that ScoreBig may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on an event review that you submit) at our sole discretion, and that such Submitted Content may be shared with ScoreBig's distribution partners, customers and other third parties.
13.4 If you are a copyright owner or an agent thereof and believe that any Submitted Content or Content infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act ("DMCA") (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works at our Web site; (iii) a description of the location on the Site of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written 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.
ScoreBig's designated Copyright Agent for notice of claims of infringement is:
Miguel J. Vega Cooley Godward Kronish LLP 500 Boylston Street Boston, MA 02116-3736
13.5 If you believe that any Submitted Content of yours that was removed is not infringing, or that you have the appropriate rights from the copyright owner or third party, or pursuant to the law, to post and use the material in your Submitted Content, you may send a counter notification containing the following information to the Copyright Agent: (i) your physical or electronic signature; (ii) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled; (iii) a statement (under penalty of perjury) that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the material; and your name, address, telephone number, and e-mail address, along with a statement that you consent to the jurisdiction of the federal court in the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, ScoreBig may send a copy of the such counter notification to the original notifying party. The original notifying party shall have ten (10) business days to file an action for copyright infringement and seek a court order against the content provider or user posting such material. If no such infringement action is filed within such 10 business days, ScoreBig may, in its sole discretion, reinstate the removed material or cease disabling such material.
In accordance with the DMCA and other applicable law, ScoreBig may, in appropriate circumstances, terminate access, at ScoreBig's sole discretion, of any registered user that ScoreBig finds to be a repeat infringer of others copyrights. ScoreBig may also, in its sole discretion, limit or fully terminate access to the Web site of any user infringing the intellectual property rights of others, regardless of whether such user is repeat offender or not.
Section 14. NO INTERFERENCE
14.1 You agree not to use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
14.2 You agree not to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ScoreBig server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.
14.3 You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You agree not to reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ScoreBig to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
14.4 You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or networks, or any systems or networks connected to the Site.
14.5 You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
Section 15. ARBITRATION OF DISPUTES
15.1 We require your agreement to the following dispute resolution provisions if you wish to purchase tickets from ScoreBig. We do this in order to ensure a quick, fair and cost-effective mechanism to resolve any disputes that might arise. If you would prefer to reserve your rights to have any disputes with your ticket vendor resolved by a court (other than a small claims court), or a jury, or to bring a class action to assert claims, please purchase your event tickets from other sources.
15.2 You and ScoreBig agree that all disputes or controversies between you and ScoreBig, and the issue of arbitrability, shall be resolved by final and binding arbitration under the rules of the American Arbitration Association (the "AAA") applicable to consumer related disputes, and in accordance with the Federal Arbitration Act. If you give ScoreBig written notice of a claim before you start an arbitration, and ScoreBig does not settle your claim in a manner satisfactory to you, ScoreBig will bear (or reimburse you for) all filing fees and other fees of the AAA, unless the arbitrator determines that your claims are frivolous. You will have the right to choose the office of the AAA where any hearings will be held, whether the arbitration is brought by you or by ScoreBig. In accordance with the rules of the AAA, you may choose to bring a claim instead in a small claims court having jurisdiction, but in that case ScoreBig will not have any obligation to bear or reimburse you for court fees, except as determined by the court.
Section 16. MISCELLANEOUS
16.1 The Terms and their interpretation shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws provisions.
16.2 Any other rules, restrictions, guidelines and terms and conditions that may be posted or made available in connection with a particular feature on the Site are incorporated by this reference into the Terms for all purposes.
16.3 The Terms contain the sole and entire agreement between the parties with respect to the Site and the Content and supersedes any and all other prior written or oral agreements between them.
16.4 No waiver on the p*art of ScoreBig of any of the Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of ScoreBig.
16.5 ScoreBig reserves the right, exercisable in its sole discretion, to change, modify, add to, subtract from, or otherwise amend the Terms at any time. Such changes, modifications, or other amendments shall be effective upon notice to you thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Except as may be otherwise expressly stated in any notice given to you by ScoreBig, all such amendments of the Terms shall automatically become effective upon the date upon which each such amendment of the Terms is first posted on the Site. Your continued use of the Site constitutes your binding acceptance of the Terms, including any changes or modifications made by ScoreBig as permitted above. You agree to review the Terms periodically to become aware of such revisions. If at any time the Terms are no longer acceptable to you, you must immediately cease all use of the Site. The right to access and use the Site is personal to you and is not transferable to any other person or entity.
SECTION 17: THIRD PARTY SITE PURCHASES
17.1 If you purchase tickets from ScoreBig using a third party website, these Terms shall apply as if you had purchased the tickets using the ScoreBig Site.
17.2 By purchasing tickets from ScoreBig using a third party website, you agree to receive transactional and marketing email communications from ScoreBig. You may opt-out of marketing communications at any time by following the opt-out instructions provided in each email sent by ScoreBig.