Terms of Use
Crowd Seats
Acceptance of Terms and Conditions
By using Crowd Seats's ("Crowd Seats") site (the "site"), you ("you" or the "user") hereby agree to any and all of the terms and conditions, individually and in whole, stated below by "Crowd Seats". Should you not agree to any or all of these terms and conditions ("terms of use" and / or "agreement"), please stop using this site. If you agree to these terms and conditions, please continue to use the site.
I - Terms of Use
1. General Terms
This site is an interactive online service created, owned and operated by Crowd Seats., online (on the Internet, the Web or www), comprising content, data, text, images, transactions, maps, hyperlinks, links, widgets, information, subscriptions and / or other valuable services through which Crowd Seats., our associates, affiliates or merchants offer vouchers ("vouchers") for sale which could be exchanged for valuable services and / or goods at merchants and / or other third parties.
This agreement establishes the terms and conditions that will and do apply to the use of our site by all end user.
You, by using our site (with the exception of when you first read these terms) hereby completely agree to comply with any and / or all terms and conditions, individually, in part or in whole. The ability and right to use our site is solely unique to you and may not be transferred or transferable to anyone or anything or any entity whatsoever. You are solely responsible for ensuring the confidentiality of your password or passwords. You completely acknowledge and agree that the internet, web or www is usually a secure environment, however there are always interruptions from time to time in many different aspects, services, issues or events that are beyond our ability or anyone else's ability to control. Crowd Seats will not and cannot be held responsible for any type of data lost, missing, either in whole or in part, while transmitting, receiving or storing data or images online. Crowd Seats does everything within reason to make our site very enjoyable and accessible around the clock and all year long, except, without any limitation, maintenance of any kind which may be scheduled from time to time. By using this site, you hereby acknowledge, understand, know and grant that due to any and all circumstances both within and outside of Crowd Seats' control, access may, and probably will be interrupted, suspended or terminated from time to time to any or all of Crowd Seats site and information and / or data may not be available or be limited or missing in part or in whole.
Crowd Seats always maintains and asserts the right at any time, for any reason or no reason whatsoever, to change, limit, amend, discontinue or forfeit any feature, event, offer, deal or benefit on the site, including, but not limited to, text, images, the look and feel, content, categories, transmission methods or transmission speeds, signal characteristics, hours of availability and / or accessibility and any and all equipment required to access or use the site.
By your use of this site, you are agreeing, stating and representing that you are of legal age to form a legally binding contract. You must be at least 18 years old to be eligible to use any part of the Crowd Seats site. Anyone 13 years old or older, up to and including 17 years old, may use the site with their parent or guardian permission who agrees to all of the terms of this Agreement. However, anyone less than 13 years of age (12 or under) is strictly prohibited from using the site whatsoever.
2. End User Conduct
This site and any sites we link to, or are made available to you are considered private property. Any and all connections, postings, dealings or interactions on this site must comply with these Terms of Use. We do welcome and encourage many different types of user interaction on our site though we must and do insist and absolutely require that all users only use the site for lawful purposes only.
Users shall not post, transmit or cause to be transmitted or retransmitted using this site any material which threatens, or could be interpreted as a threat, violates or infringes in any way upon the rights of any or all others including, but not limited to, material which is abusive, defamatory, harassing, threatening, unlawful or invasive of privacy (including passwords) or publicity rights or contains obscene, profane, vulgar or otherwise objectionable, potentially or real, that which encourages or appears to encourage any type of conduct or induces conduct, that would or potentially would constitute a criminal offense or give rise to civil liability or otherwise violate any law whatsoever. Furthermore, user will not, without Crowd Seats express prior, written approval, seek advertising or any solicitation from any merchant or provider with respect to any and all products and / or services contained on site. Any and all conduct by a user that in Crowd Seats sole exclusive discretion, judgment and / or decision, restricts, retards or inhibits any other user from using or enjoying this site and / or any other sites related with this site, is strictly prohibited. User shall not use this site or any of the other associated sites to advertise, seek or perform any commercial, non-commercial, political, religious or other solicitations, including but not limited to, the solicitation or inducement of users of this site and / or related sites to become users, affiliates or other associates of other on or offline services or products directly or indirectly competitive or potentially competitive with Crowd Seats.
All foregoing provisions and or statements or clauses of this section apply equally to and inure to the benefit of Crowd Seats, its agents, subsidiaries, affiliates, associates, merchants, customers, clients, sales people, employees, producers and its third-party content providers and licensors, and any and all contractual relations and each shall have and maintain their own rights to assert, allege and enforce such provisions directly or indirectly on their own behalf.
3. Equipment
You are responsible for acquiring, obtaining (and licensing if necessary and / or required) and maintaining all telephone, computer hardware and any and all other equipment needed or required to gain access to, use or to enjoy this site and you are solely responsible for all direct and indirect and all related charges. Crowd Seats shall not be liable for any damages whatsoever to any and all user's equipment and / or time, inconvenience or other costs whatsoever associated, related or resulting from the use or misuse of this site.
4. Copyright and Trademarks
Anything and everything located on or in this site, including but not limited to the related sites, is and shall remain the exclusive property of Crowd Seats., or used with the express permission of the copyright and / or trademark owner(s). Crowd Seats., strictly prohibits the copying, transmitting, posting, distributing, linking or deep linking, or otherwise modifying of this site or any related sites without the express written permission of Crowd Seats. Any violation whatsoever of this policy and statement may result in a copyright, trademark or other intellectual property right infringement which could subject the user to civil and / or criminal penalties.
Our site and any related sites may contain copyrighted material or trademarks and other proprietary information, including, but not limited to, text, photos, video, music, sounds, images, graphics and software of which the entire contents of the site are protected by copyright as a collective work under the United States copyright laws. Crowd Seats owns the copyright in the look, feel, selection, operation, associations, links, hyperlinks, graphics, text, coordination, arrangement, enhancement and all other content, as well as the original content. Users are strictly prohibited against transmitting, modifying, publishing and / or participating in the transfer or sale, creating any and all derivative works or in trying in any way to gain or exploit any or all of the sites content, either in whole or in part. Users may of course download, print, and / or save copyrighted material for their express and sole personal use only. User acknowledges, states, agrees and grants that they do not own or acquire any ownership rights in any way whatsoever by downloading or using copyrighted material. Trademarks that are located in or on the site or related sites may be otherwise owned or operated in conjunction or cooperation with Crowd Seats are not be deemed to be in the public domain but rather are the exclusive property of Crowd Seats.
5. Disclaimer of Warranty
You agree that any and all use of this site is solely and strictly at your complete risk and you furthermore completely agree that neither Crowd Seats, it's affiliates, or any of their respective employees, associates, independent contractors or anyone even remotely associates with Crowd Seats including, but not limited to, agents, merchants, third party content providers and / or licensors, or any of the officers, directors, employees, agents, successors, heirs, shareholders of any kind, whether past or present, warrant that the use of this site or any related sites will be uninterrupted, problematic or error free; nor does anyone on the list above make any warrants that any results or achievements that could possibly be obtained from the use of this site or any site, as to accuracy, completeness, reliability or even the context of any information, data, graphics or the like, services, vouchers, coupons, that could possibly be provided through the use of any site whatsoever. In all likelihood, there will some errors on this site as related to content, accessibility from time to time and it should be expected. Any errors stated above do not disqualify the spirit and intent of this statement.
Crowd Seats site and all associated sites are made accessible on an "as is" and "as available" basis and we hereby loudly and clearly and vehemently disclaim any and all representations, conditions, warrantees, whether implied or expressed, including, but not limited to, those of merchantability, title non infringement, and fitness for a particular purpose and anything not stated on this list.
6. Modified Terms
Crowd Seats maintains and reserves the right at all times to cease, forfeit, discontinue, change or modify any and / or all of Terms, Terms of Use, Privacy Policy or any other written or implied words, data, associations, hyperlinks, links or graphics as we deem fit, necessary and / or desirable. These changes may or may not include, along with a myriad of other things, fees, charges, percentages, etc. Should Crowd Seats makes any substantial changes by our complete and sole determination, we will take what we deem to be reasonable measures to notify you in a timely manner by sending an e-mail to your e-mail address on file with us that is registered with your account. We may, in lieu of this, post a notice of the change on the site. These changes will take effect upon the earliest notice either by email or posting with the exception of these changes will not apply to vouchers purchased and / or paid for prior to the effective date of noticed changes. Any and all changes are effective immediately for new users / subscribers to Crowd Seats and any vouchers purchased by new users. It is always in your very best interest to re-read these and all terms on our site as they may and probably will change from time to time and may or probably will have a marginal or significant affect your understanding and use of this site. We want you to remain fully informed in a timely fashion and any use of this site shall be construed and deemed to constitute full knowledge and full acceptance by user of and for any and all modifications.
7. Indemnification / Release
User hereby agrees to defend, indemnify and hold harmless Crowd Seats and any and all of its affiliates, associates and all other officers, directors, employees and all agents from any and all claims and related expenses which includes all attorney's fees which may or might arise out of, either directly or indirectly, or related to any services or products purchased by user in conjunction with any site or sites, including all outside expenses, such as loss or time and / or wages, employment.
It is completely understood that user is solely responsible for all dealings with merchant. To the extent permitted under any and all laws, user hereby completely releases Crowd Seats from any and all claims or liability related in any way, shape or form, for or to any product or service of any and all Merchants, any and all actions or in-actions by Merchant, including, but not limited to Merchant's failure to comply with any and all applicable law(s) and/or failure to abide by the terms of any voucher(s), and any or all comments or conduct, regardless if online, offline, by any user.
With respect to the aforementioned release, user hereby waives California Civil Code Section 1542 (and any or all similar provisions in all other jurisdictions) which states "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."
8. Copyright Policy
Crowd Seats takes every precaution to insure that all materials, works of art, graphics, artwork, images, style, copy, text and the like are Crowd Seats works of art. Crowd Seats respects the rights of all copyright holders. If you believe that a copyrighted work has been copied and posted on this site or any related sites in any way that constitutes copyright infringement, you are kindly informed to please provide Crowd Seats with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (2) an identification and location, such as the page on the site of the copyrighted work that you claim has been infringed; (3) a written statement by you that you have a good faith belief that the disputed use is not authorized by the registered owner, its agent, or the law; (4) your name, contact information including your telephone number(s), e-mail addresses; and (5) a statement by you that all of the above information in your notice is completely accurate and, under penalty of perjury, that you are on fact the copyright owner or you are authorized to act in stead for the copyright owner. Contact information for Crowd Seats Copyright Agent for notice of claims of copyright infringement is as follows:
Crowd Seats 333 N Screenland Dr, #140 Burbank, CA 91505
9. Limitation of Liability
In no such way or event shall Crowd Seats, or anyone associated with Crowd Seats by liable for any direct or indirect, incidental, special, relational, consequential or punitive damages in any way shape or form arising out of or in any way related to this agreement or to this site. Value is the total price of entry for a comparable ticket via a primary source. Furthermore, in no event shall Crowd Seats liability with a voucher exceed the exact amount paid for such voucher, and the complete total aggregate liability arising out of or even related to this agreement shall not exceed the amounts paid by the user during the previous six months before the claim.
10. License Grant
When user posts any and all communications, images, graphics, data, text, email, etc. on or through this site or related site, user hereby grants to Crowd Seats, a royalty-free, perpetual, irrevocable, non-exclusive license to modify, perform, edit, use, reproduce, publish, translate, distribute and display the communication and all other works either individually, in whole or in part, or as part of a group or other works in any form, manner, media, or technology whether now known or hereafter learned or developed without regard to area, territory or time limitations, and to offer, without remuneration, and sublicense any and all such rights through multiple tiers of sub licensees as Crowd Seats, in its determination and sole discretion, sees and deems fit.
11. Termination.
Crowd Seats has and maintains the right to terminate this agreement at any time, for any reason or no reason whatsoever without limitations. Crowd Seats shall also maintain the right to immediately terminate, suspend or withdraw any or all passwords, accounts or functionality of user for any conduct by user or which Crowd Seats, at its sole and complete discretion, regardless with or without merit, considers to be unacceptable by Crowd Seats, or in the event of any breach of this agreement by user. All related provisions of this document will survive termination of this agreement.
12. Privacy
User acknowledges, knows and confirms that all discussions for comments, ratings, bulletin board services, chat rooms and / or other message, electronic or not, or communication facilities (known as "electronic communities") are public and not private communications, and to that end and therefore, other people or users could read user's electronic communications without user's knowledge. Crowd Seats does not in any way, shape or form control or endorse any of the content, messages, data, text, images or information found in any community, forum, bulletin board and therefore, Crowd Seats categorically and specifically disclaims any and all liability concerning the communities and any and all actions resulting from users' participation in any community, including but not limited to any objectionable content. It should be understood and known that any communication which user posts to Crowd Seats (whether or not in a discussion group, email, bulletin board, chat room, message boards or anywhere else) is deemed and considered to be non-confidential and open and available to everyone. If any communication by Crowd Seats is considered confidential, Crowd Seats will make it abundantly clear that that communications is CONFIDENTIAL. Any postings or comments, messages, graphics, email or communications on or to Crowd Seats or the site will grant Crowd Seats the exclusive right to use any and all such data, graphics, comments, email, text, messages or information for advertising, promotions, market research or any other lawful purpose without territorial, any time limit or any other limitation in any way that Crowd Seats deems without compensation.
13. Third-Party Content
Crowd Seats is solely a distributor (as opposed being a publisher) of content, be it images, text or otherwise, supplied by third parties and other users. Therefore, Crowd Seats does not have any editorial control or input over such content than does any other public source of information such as a bookstore or a library. Statements, opinions, advice, services, offers and the like or other information or content expressed, stated, printed or made available or public by any and all third parties, including but not limited to, information providers, or any other end users are simply those of their respective author(s), writer(s), creator(s), or distributor(s) and therefore, not by and of Crowd Seats.
For the most part, this site contains content, text and images that represent the opinions, judgments and positions of many different information providers, end users, or perhaps other users who are not under contract or obligation with Crowd Seats. Crowd Seats does not endorse and in no way, shape or form is responsible for the accuracy or non accuracy, reliability, opinion, advice, statement or beliefs made available on this site by anyone other than authorized Crowd Seats official employee "spokespersons" while acting in that particular official capacity. Without recourse and under no circumstances will Crowd Seats be liable for any loss whatsoever or for any damage whatsoever caused by anyone's or a user's reliance upon any information (including directions or maps) obtained or gained through Crowd Seats. It is everyone's responsibility, especially the user to evaluate the accuracy, thoroughness, completeness, or usefulness of any and all information, renderings, images, text, articles, beliefs, opinion, advice, etc., or other content available through Crowd Seats. It is also further stated that all text on this site is an opinion, not a fact, and is therefore open to vast and wild interpretations. It is further stated that all images are mere representative visual opinions and not actual images of the event, merchant, building, food or the offer.
Crowd Seats contains various links to and from third-party websites maintained by other content providers. These links are provided solely and expressly as a convenience to you and in no way are to be considered an endorsement by Crowd Seats of the content on these third-party sites. Crowd Seats hereby expressly disclaims any and all representations regarding the accuracy or representations of materials on such third-party websites and all content. Should user access linked third-party websites, user does so at their own risk and are completely responsible for any and all actions or repercussions. You may not provide a hyperlink to Crowd Seats' site or any mutual site from any other website unless you have a dated, written agreement with Crowd Seats granting you consent. Quopon maintains and reserves the right to revoke its consent to any link at any time for any reason or no reason whatsoever in its sole discretion.
14. Disclosures
For users that are Florida residents, purchasing vouchers where the merchant is a stated healthcare provider, the patient and / or any other persons responsible or listed for payment has the right to cancel payment, refuse to pay or be reimbursed for any payment of service, examination or treatment, within 72 hours, that is a result of responding to an advertisement for the free, discounted fee and / or reduced fee service, examination or treatment. In some states however, businesses that are not exclusively owned by licensed physicians, may be or are prohibited from practicing medicine.
Crowd Seats is located at 333 N Screenland Dr, #140 Burbank, CA 91505. If you are a California resident, you may report complaints in writing to the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 400 R Street, Sacramento, CA 95814 and you may also contact them by telephone at (800) 952-5210.
Please note and be aware that there are many and various parental control products and protections that are commercially available to you such as computer hardware, software, or filtering products and / or services which may assist you in limiting access to certain materials that may be harmful to minors. Current providers of such protections can be found at http://www.en.wikipedia.org/wiki/List_of_Content_Control_Software
15. Trademarks
Crowd Seats is a trademark of Crowd Seats.
All rights are expressly reserved.
16. Arbitration
User states and agrees by using this site, that: (1) any claim, dispute controversy or otherwise that user may have alleged against Crowd Seats arising out of, relating to, the use, relying upon, or connected in any way, shape or form with this agreement, this site, or any mutual site, or by the purchase or sale of any Crowd Seats or voucher(s), shall be resolved solely and exclusively by final and binding arbitration administered by the American Arbitration Association (AAA). This will be conducted before a single arbitrator pursuant to the applicable Rules, Regulations and Procedures established by AAA ("Rules and Procedures") at the time of filing, (2) the arbitration shall be held at a location, date and time determined by AAA pursuant to the Rules and Procedures (provided that such location is reasonably convenient and mutually agreed upon by Crowd Seats and user, (3) the arbitrator shall apply New Jersey State law consistent with the Federal Arbitration Act and any and all applicable statutes and statutes of limitations, (4) the arbitrator shall honor claims of privilege which are recognized at that time at law, (5) there shall absolutely be no authority or ability for any claims whatsoever to be arbitrated on a class or representative basis, (6) only arbitration can decide the user's and/or Quopon's individual claims, (7) the arbitrator must not consolidate or join any or all claims of other persons, parties or entities who may or may not be in similar or relevant situations, (8) should any part of this arbitration provision be deemed or ruled to be invalid, unenforceable or illegal in a court of competent authority, or otherwise demonstrate conflicts with the Rules and Procedures established by AAA at that time, then the remainder of this arbitration provision will remain in full legal effect and will be construed in accordance with the terms stated here as if the invalid, unenforceable, illegal or conflicting provision were not never stated and / or contained within this agreement. If, however, part (8) above is found to be invalid, unenforceable or illegal in a court of competent jurisdiction, then this Arbitration Provision will be deemed null and void, in which case neither Crowd Seats nor the user will be entitled to arbitrate their respective disputes. For additional information as well as how to contact AAA, its Rules or Procedures, kindly contact AAA or its website at http://www.adr.org.
17. Monitoring
Crowd Seats maintains and reserves the right, but not the obligation, to monitor any and all activity and content of any of our sites or sites which we participate on or in which could be third party sites, such as FaceBook, at any and all times which may include any forums or chat rooms that may hereinafter be included, associated or assimilated to the site, to help make a determination of compliance with this agreement and any published operating rules, terms, procedures and conditions established by Crowd Seats, as well as to comply with any applicable laws, regulations or authorized government request(s). Crowd Seats maintains the right, but not the obligation, without limiting the foregoing, to remove and delete any material that Crowd Seats, in its sole and complete discretion, finds to be in violation or potential violation, of any and / or all the provisions hereof or finds otherwise objectionable.
18. Miscellaneous
This agreement constitutes the agreement in its entirety, of any and all parties with respect to this site and any subject matter(s) which include the Terms of Sale set forth below (which are hereby inclusive and made a part and incorporated into this agreement), and are the operating rules for Crowd Seats as stated, set forth and created by Crowd Seats. No breach, incident or default by any party shall be considered a waiver of any preceding or subsequent breach or default. Any and all section headings in this document are merely for outline and convenience only and have no legal force or effect and stand on their own merit. Should any provision of this agreement be judged or ruled invalid by a court of competent jurisdiction, that invalidity shall not affect the enforceability, spirit or merit of any or all other provisions contained in this agreement, and the remaining portions of this agreement shall remain in full force and effect. Should either party decline to exercise any or all of their rights under this agreement, it shall not be deemed a waiver or forfeiture of any such rights or any other rights provided or stated hereunder.
II. TERMS OF SALE
Return Policy: We will gladly accept returns up until twenty-four (24) hours before listed game time.
All vouchers printed from the site or any mutual site or any other website associated with Crowd Seats are to be considered promotional vouchers which may also be purchased from any and all participating merchants and / or vendors. Vouchers are to be used in exchange for goods and / or services at a discount off of their actual cost. When you place an order for goods and services from a merchant by purchasing a voucher through Crowd Seats, you are making an offer to purchase the respective voucher(s) that you have selected on the terms and conditions stated herein.
For additional information about any personal information collected, view our Privacy Policy. Creating an account is required to purchase any vouchers or to make any donations. An account is required to provide you with detailed information including an easy method to view and print your order(s), view your past purchases and / or donations, create and /or modify your preferences (if any), and to explain, facilitate and ensure permissible use of the voucher.
Any vouchers you have purchased through Crowd Seats are redeemable for goods and / or services by the respective merchant(s). The merchant(s), not Crowd Seats, is /are the seller(s) of the voucher(s) for the goods and / or services and is the legal entity that is solely and individually responsible for redeeming any and all / voucher you purchase(d). Crowd Seats is a facilitator that offers merchant vouchers for sale that may be redeemed in connection with the offer you purchased for the goods and / or services from said merchant.
Return Policy: We will gladly accept returns up until twenty-four (24) hours before listed game time.
1. Terms and conditions for a restaurant voucher
The term restaurant in this section will be defined as a merchant who offers food and beverage for sale in its normal and regular course of business operations. It offers and makes food and beverages available to purchasers of vouchers.
The redemption frequency is solely determined by restaurant and will be stated in the terms printed on the voucher and offered on the site. Redeeming a restaurant vouchers for any alcoholic beverages shall be at the sole discretion of the restaurant and is subject to adherence and compliance with any and all applicable laws. Vouchers may not be combined with any other restaurant voucher(s), coupons, promotions and / or third party certificates or other offers unless specifically sated otherwise by the Restaurant or by law. The restaurant vouchers cannot be used for any portion of taxes, tips, prior balances or other prior debts unless permitted by the Restaurant or by law.
The vouchers are valid for dine in (eat in) only unless otherwise stated. It is at the restaurants sole discretion to issue restaurant credit unless otherwise required by applicable law. Neither Crowd Seats nor the restaurant is responsible for any lost, stolen, misplaced or defaced vouchers or restaurant voucher reference numbers. The reproduction, sale, trade or transfer of a restaurant voucher is prohibited unless done so in accordance with the terms stated on the voucher and in compliance with applicable law. Any attempted redemption or redemption not in compliance with these stated and written terms & conditions and those printed on the voucher will render the restaurant voucher void unless required by law. Vouchers are void to the extent prohibited by law.
If you redeem the voucher for an amount less than its printed face value, you will only be entitled to a credit or cash from the restaurant, equal to the difference between the printed face value and the redeemed amount only if required by applicable law. Furthermore, you will only be entitled to a continuing redemption value as stated above if the amount that you paid for the voucher is greater than the amount you redeemed. As an example - if you paid $25 for a voucher which entitles you to purchase $60 of food and beverage by July 1, 2011 (the expiration date) and you make a purchase for $45 on February 1, 2011, you will only be entitled to a credit or cash equal to the difference between the $60 face value and the amount you redeemed from the merchant (ie, $15) if required by applicable law (60 - 45 = 15). You will also not have any redemption value because the amount you redeemed is more than the amount you paid for the voucher.
All purchases for restaurant vouchers may have certain statutory limitations and / or exclusions on the amount of the voucher's value that may be redeemed for alcoholic beverages. An example of which may be a customer purchases a voucher for a restaurant in Ohio, therefore the redemption of the voucher could be subject to certain limitations imposed by the Ohio Revised Code, which imposes a restriction of redeeming vouchers at restaurants which serve both food, alcoholic and other intoxicating liquor beverages. It further states vouchers can be redeemed and only applied to alcoholic and intoxicating liquor beverages up to a total of thirty percent (30%) of the voucher's value. This is but one example of the some of the state's compliance statutes or codes and is the sole responsibility for enforcement by the Merchant(s). Crowd Seats' only and sole role and responsibility in the transaction is solely as a marketing agent for the merchant voucher, with all applicability and compliance issues and enforcement with any relevant statute(s) or code(s) being solely determined, interpreted, enforced and consummated by the merchant, and as such, Crowd Seats has no role in making any decisions, determinations or action or enforcement on the part of the merchant and user agrees that it is impossible and impractical for Crowd Seats to reasonably make any decisions or enforcements or to monitor such.
2. Terms and conditions for non restaurant merchant vouchers
Non restaurant merchant vouchers may be applied only to service and / or merchandise sold by merchant and may not be applied whatsoever to any or all shipping or handling charges unless required by law. There is a limit of only one (1) voucher per redemption. Only one voucher per order may be redeemed unless otherwise specified and stated by Merchant or by law. Credit may be issued at the sole discretion of the merchant unless otherwise required by law. Voucher(s) may not be combined with any other offers, vouchers, coupons, third party certificates or other promotions, unless otherwise specified or stated by Merchant or by law. Neither Crowd Seats nor the merchant is responsible for any lost, stolen, misplaced or defaced vouchers or restaurant voucher reference numbers.
The reproduction, sale, trade or transfer of a voucher is prohibited unless done so in accordance with the terms stated on the voucher and in compliance with applicable law.
Any attempted redemption or redemption not in compliance with these written terms & conditions and those printed on the voucher will render the voucher void. Vouchers are void to when and where and to the extent prohibited by law. If you redeem the voucher for an amount less than its printed face value, you will only be entitled to a credit or cash from the restaurant, equal to the difference between the printed face value and the redeemed amount only if required by applicable law. Furthermore, you will only be entitled to a continuing redemption value as stated above if the amount that you paid for the voucher is greater than the amount you redeemed. As an example - if you paid $25 for a voucher which entitles you to purchase $60 of goods and / or services by July 1, 2011 (the expiration date) and you make a purchase for $45 on February 1, 2011, you will only be entitled to a credit or cash equal to the difference between the $60 face value and the amount you redeemed from the merchant (ie, $15) if required by applicable law (60 - 45 = 15). You will also not have any redemption value because the amount you redeemed ($45.) is more than the amount you paid for the voucher ($25.).
3. Additional Terms and Conditions for all Crowd Seats vouchers
All vouchers are subject to the terms and conditions of Crowd Seats and the participating restaurant or merchant. The restaurants and other merchants are in reality the sellers of the services or goods of which you are purchasing, not Crowd Seats. Neither Crowd Seats nor the restaurant or the merchant is responsible for the user having a good time or any feelings associated with having, possessing, using or redeeming the voucher, or considering that they received a good deal or a great deal, though we certainly hope they do have a great time and feel they received a great deal.
Some deals may be for such events that cause great physical, mental or emotional strain on the user such as skydiving, going in a plane, pilates and the like. It is completely and solely up to the user to determine their physical, mental and emotional well being before participating in any and all events offered on this site. We strongly urge and recommend you be seen by a licensed health care professional and practitioner before engaging in any and all activities. Crowd Seats is not responsible for any and / or all injuries, be they physical, mental or otherwise, or deaths arising out of the use of a voucher, offer or deal. Buyer and user beware. Vouchers and their respective offers, merchandise, services or products are used solely at the risk of the user. The venue to redeem the voucher is also buyer beware. An example - if you go to a ball game and use a voucher and get hit in the face with a baseball, Crowd Seats is not responsible. If you use a voucher to go out on a boat and the boat sinks and you swim to shore, Crowd Seats is not responsible, though we would love to hear your story. Simple enough.
The restaurant is the issuer and holder of all restaurant type vouchers. Merchants are the issuer and holder of all merchant type vouchers (non restaurant type). The restaurants and merchants are the issuer and holder of all vouchers and as such, shall be fully responsible and liable for any and all claims, liabilities, damages, injuries, illnesses and costs suffered or incurred by or in respect of any customer(s), either caused in part or in whole either the restaurant or the merchant. The restaurant and merchant are also fully responsible for any unclaimed property liability arising from unredeemed vouchers or portions thereof. You hereby agree to waive and forever release Crowd Seats and its all of its directors, officers, employees, associates and agents from any and all claims, damages, liabilities and / or injuries arising from or in any way shape or form related to any act or omission of a restaurant or merchant in connection with any voucher for services and / or goods provided in connection especially as it relates to comply with any and all applicable unclaimed property and other laws relating to or the creation of redemption of the vouchers. Restaurant type vouchers and merchant vouchers are exclusively redeemable only in their entirety and only a one time, one event basis only and may not be redeemed either in part or in increments.
According to some or various applicable laws, merchants could be responsible for allowing you to redeem your voucher only for the cash value that you actually paid for your voucher (ie. - you paid $25 for a voucher which gives you a face value of $60 to the Merchant, so the cash value is $25, not $60) and that period of time could extend beyond the expiration date printed on the voucher. Even though the expiration date on the voucher states the last date that you may use your voucher at the merchant for the promotional offer stated on the Crowd Seats, some applicable laws provide that the merchants are solely responsible for honoring only the cash value which you paid for your voucher for such a period of time that extends beyond the actual expiration date printed on the voucher. Stated differently, you might be allowed to redeem the voucher for the cash value (the purchase price) up until the greater of; (1) the voucher's printed expiration date or (2) the minimum length of time allotted by applicable laws with regard to vouchers expiring. Should you wish to redeem an expired voucher for the price you paid to buy it, simply contact the merchant. Remember, the merchant should allow such redemption when and if applicable laws requires it and we have instructed the merchant to follow their local laws. If you have followed this course of action and have contacted the merchant and the merchant has refused to redeem or reimburse you for the cash value of your expired voucher, and if applicable law entitles you to such a redemption, simply contact Crowd Seats in writing and explain your situation and Crowd Seats will quickly and gladly refund the purchase price of the voucher in either US Dollars or as a credit for future purchases of vouchers from Crowd Seats (currently known as "Crowd Seats Credits"). There are no refunds for any and all deals that use e-tickets as the delivery method.
By clicking on and accepting these terms, you agree to the following: You agree with whatever expiration date is on the voucher. If the expiration date is for a shorter time, duration, period than your state law states, then you agree to the expiration date on the voucher, unless this statement is void in your state. You further agree to all the terms and conditions stated on the voucher, stated here, and stated on the "Fine Print" located on our website. If per chance the merchant were to impose any terms other than those that are on the website, the Fine Print or the voucher, than you are entitled to a refund of only and exactly the amount you paid for the voucher and not for any other claim or entitlement, including interest, emotional stress, embitterment, loss of time and / or wages, postage fees and all other claims. Fair is fair and we do not want to take advantage, nor do we want you to take advantage of any human error, misunderstanding, misguidance or a mistake. We will probably make a mistake at some point and will correct it by returning the full purchase price, so you may buy with complete confidence. It is up to you however, to notify us if you have any problems and we will make it right or return your money. No harm, no foul. There are no refunds for any and all deals that use e-tickets as the delivery method.
You further agree that you will contact us for the reimbursement stated above and not file a lawsuit or start other legal proceedings over a mistake or misunderstanding that could easily be corrected, modified or amended in a week or two.
You further agree that you have informed anyone and everyone that you bought, sold, transferred or gifted the voucher to about Crowd Seats terms, conditions, privacy policy and all other statements on this site. They are to follow the same guidelines and posts on our site. These terms, etc. are transferable to them and are made a part and parcel of the voucher itself.
You further agree that by clicking on these terms, you agree, understand and have read all the terms and if you have not clicked on any other terms related to the voucher, it is exactly the same as if you had clicked on the terms for that particular voucher. This is just in case there is a software error (glitch) along with a human error.
You further agree that if anything stated in these terms is contrary to state law, that these terms will supersede state law unless state law states that that particular state law takes precedent over these terms. If this is the case, simply let us know and we will make the correction - gladly.
We may amend or modify these terms from time to time and strongly urge you to visit the terms page to keep abreast and updated. Thank you for being a valued Crowd Seats member!
