SPLITSEASONTICKETS SERVICES TERMS OF USE
Last updated 08/01/2018
Please note this is not a Pittsburgh Penguins Hockey Club website, but rather a website owned and operated by SplitSeasonTickets, LLC (“SST”) and promoted on the Pittsburgh Penguins Hockey Club website.
You are being asked to read these terms and conditions as you would like to use features and functionalities of the SST service (the “SST Services”) provided by SST. SST is a separate corporate entity from the Pittsburgh Penguins Hockey Club Limited Partnership and its affiliated entities (the “Club”). The SST Services are made available through this website by SST in association with the Club, however, the Club and all of its related entities assume no liability or responsibility for any use of the SST Services.
These terms and conditions are a contract between you and SST. Once you access, view or use the features and functionalities made available through this website (“Site”) and the SST Services, you will be bound by these terms and conditions and, further, you agree to follow all terms and applicable laws and regulations governing the Site and the SST Services. If you do not agree with these terms and conditions, your only recourse is not to use the Site and/or the SST Services.
Please remember, the SST Service does not sell seats. Rather, the SST Services provide tools to (1) help people who share season seats manage their games and seats and (2) allow Season Seat Holders to offer to sell their seats to another user accessing the SST Services (refer to section 8). For clarity, the SST Services essentially match you with a potential share partner for your season seats however, any subsequent transaction made after the matching is done at your own risk. Your use of the Site is also entirely at your own risk. You are responsible for your interactions with other users of the Site. SST and/or the Club is not responsible for the conduct of any user.
1. PRIORITY
While using the SST Services you may see links that, when clicked on, will take you to services and features on websites that are not included in the SST Services. Please review the terms of use appearing on those sites and with those services. In those cases, you will be bound by the Terms of Use and Privacy Policy applicable to the appropriate provider's website and the applicable services and features. With respect to your use of the Site and the SST Services, in the event of any conflict between these terms and any other terms, these terms shall prevail.
2. MODIFICATIONS TO THIS AGREEMENT
SST reserves the right, at their sole and absolute discretion, to change, modify or otherwise alter these terms and conditions at any time with or without notice (a “Change”). A Change shall become effective immediately upon the posting thereof. You must review this Agreement on a regular basis to keep yourself apprised of any Changes. You can find the most recent version of this Agreement at: https://penguins.splitseasontickets.com/home/termsOfUse. Your continued use of the Site following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated terms. If you do not accept any Changes to the Terms, you should stop using the Site immediately.
3. PROPER USE
The content and software on this Site is the property of SST, as applicable, and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not distribute, copy, reproduce, alter, modify, translate, rebroadcast, transmit, perform or create derivative works, publicly display or otherwise use any content (except for your own personal, non-commercial use) from the Site. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, copy or otherwise take any content from the Site. Furthermore, the Site is provided to you for your own personal use, and it may not be used for any commercial purposes or any fraudulent or illegal purposes. Any use of the Site that infringes upon the intellectual property rights of SST, as applicable, or that is for commercial purposes or fraudulent or illegal purposes may be investigated and SST shall have the right to take appropriate civil and criminal legal action. The SST Services are subject to transmission limitations of the Internet and, as applicable, wireless carriers, including, but not limited to, video and/or audio dropouts, rebuffering or loss of connection.
PLEASE NOTE: THE SST SERVICES DO NOT INCLUDE FUNCTIONALITY FOR, AND SST AND THE CLUB SHALL NOT BE RESPONSIBLE OR LIABLE FOR, ANY ELEMENTS OF YOUR TICKET PURCHASES, SALES, EXCHANGES OR OTHER PERSONAL OR FINANCIAL TRANSACTIONS (INCLUDING BUT NOT LIMITED TO, TICKET PAYMENT, ALLOCATION, DISTRIBUTION, SHIPMENT, ETC.) AND/OR ANY INTERACTIONS, OCCURRENCES OR EVENTS THAT OCCUR OUTSIDE OF THE SST SERVICES AND/OR THAT OCCUR AS A RESULT OF THE SST SERVICES. For clarity, the SST Services essentially match you with a potential share partner for your season seats however, any subsequent transaction made after the matching is done at your own risk.
4. CONTENT
You understand that all listings, postings, messages, email addresses or other personal information, text, preferences, or other materials ("Content") posted on, transmitted through, or linked from the SST Services, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the SST Services. You understand that SST does not control, and is not responsible for Content made available through the SST Services, and that by using the SST Services, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that SST may pre-screen and/or approve or reject Content but are not obligated to do so. SST shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the SST Services, for violating the letter or spirit of this Agreement or for any other reason.
As any content you post is unique, you are responsible and liable for your content and will indemnify, defend, release and hold SST and the Club harmless from any claims made in connection with your content.
To create an account, you may provide certain personal information, preferences, comments, suggestions, data, or other information to SST (collectively "Information"). The Information you provide in connection with your use of the SST Services will be collected, used and disclosed in accordance with Privacy Policy https://penguins.splitseasontickets.com/home/privacyPolicy applicable to the SST Services. Websites or services linked to from the SST Services or the Site that are not part of the SST Services are not subject to such Privacy Policy. You should refer to those website's privacy policies to determine how they collect, use and disclose information about you. If you choose to reveal personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would in any other circumstances.
5. USING THE SST SERVICES
While using the SST Services, you will not:
* violate any laws or third party rights;
* use the Site or SST Services if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;
* fail to deliver payment for seats purchased by you, unless the seller has materially changed the description of the seats after you have made an offer, a clear typographical error is made, or you cannot authenticate the seller's identity;
* fail to deliver seats purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
* post false, fraudulent, inaccurate, misleading, defamatory, or libelous content (including personal information);
* impersonates any person or entity, including, but not limited to, an employee of SST, or falsely state or otherwise misrepresents your affiliation with a person or entity;
* post or transmit in any way any personal or identifying information about another person without that person's explicit consent;
* post any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
* transfer your account and User ID to another party without the prior written consent of the Club;
* distribute or post “spam” or “junk”, unsolicited, or bulk electronic communications;
* distribute viruses or any other technologies that may harm SST or any Club Entity, or the interests or property of users of the SST Services;
* copy, modify or distribute rights or content from the SST Services;
* harvest or otherwise collect information about users, including email addresses;
* contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
* "stalk" or otherwise harass anyone including any employee or representative of SST and/or any Club entity or any other user;
* collect personal data about other users for commercial or unlawful purposes;
* use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the SST Services; or
* attempt to gain unauthorized access to computer systems of the Club or SST or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site and/or the SST Services.
6. ABUSING THE SST SERVICES
SST will work to keep the SST Services working properly and the community of users safe. Please report problems, offensive content, and policy violations to the Club.
Without limiting other remedies, we may limit, suspend or terminate the SST Services and/or user accounts, prohibit access to the Site and their content and SST Services, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, violating this Agreement including, without limitation, by posting fraudulent listings, circumventing temporary or permanent suspensions from the Site, or harassing any employee or representative of SST and/or any Club Entity or any other user. Additionally, SST may, in appropriate circumstances and at their sole and absolute discretion, suspend or terminate accounts of users who may be repeat infringers. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the SST Services.
7. FEES AND SST SERVICES
Creating an account to access the password-protected sections of the Site and SST Services is free. There are no fees of any kind to use this service.
8. SEAT TRANSACTION AGREEMENTS
Any transaction made using the SST Services between a Season Seat Holder and a buyer to sell/purchase seats shall be defined as a "Seat Transaction Agreement". In a Seat Transaction Agreement, the person who has a relationship with the Club to purchase season seats and is recognized by that Club as a Season Seat Holder, shall be defined as "Season Seat Holder". In a Seat Transaction Agreement, the buyer who purchases seats from the Season Seat Holder shall be defined as a "Buyer" or "New Partner".
In any Seat Transaction Agreement, Season Seat Holder and New Partner agree to the following: (1) this Agreement (Terms of Use) in combination with the terms agreed to in the Seat Transaction Agreement shall constitute the entire Seat Transaction Agreement between Season Seat Holder and New Partner; (2) If any terms in a Seat Transaction Agreement conflict with the terms in this Agreement, the terms in this Agreement shall prevail (3) the Season Seat Holder has declared that he/she is on record with the Club as the owner of and can sell the seats agreed to be sold/purchased in Seat Transaction Agreement; (4) any Seat Transaction Agreement made using the SST Services between the Season Seat Holder and New Partner is an agreement between ONLY the Season Seat Holder and the New Partner and not with the Club and/or SST; (5) Seat Transaction Agreement SHALL NOT CONVEY ANY Season Seat Holder rights (including rights to post season games or any other games, events, or benefits Season Seat Holder may have or be able to purchase or claim), licenses, obligations, privileges, or benefits to the New Partner; (6) New Partner agrees to deliver payment for seats purchased from Season Seat Holder, unless the Season Seat Holder has materially changed the description of the seats after a Seat Transaction Agreement has been reached, a clear typographical error is made, or you cannot authenticate the seller's identity; and (7) Season Seat Holder agrees to deliver seats purchased by New Partner, unless the New Partner fails to meet the Seats Transaction Agreement terms, or Season Seat Holder cannot authenticate the New Partner's identity.
9. LIMITATION OF LIABILITY
You will not hold SST and/or the Club responsible for other users' Content, actions or inactions, or seats they list. You acknowledge that the SST Services do not sell tickets or seats. Instead, the SST Services provide tools to (1) help people who share season seats manage their games and seats and (2) allow Season Seat Holders to offer to sell their seats to anyone accessing the SST Services (refer to section 8).
SST and the Club (and any Club entity) have no control over and do not guarantee the quality, safety or legality of seats advertised, the truth or accuracy of users' content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return any seats.
We do not transfer legal ownership of seats from the Season Seat Holder to the buyer. Further, we cannot guarantee continuous or secure access to the Site, the SST Services may be interfered with by numerous factors outside of SST’s control. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use the SST Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SST, THE CLUB, AND THE OTHER CLUB ENTITIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF SST AND/OR THE OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE USE OF THE SITE BY ANY PARTY.
UNDER NO CIRCUMSTANCES SHALL SST OR THE CLUB BE LIABLE TO YOU FOR ANY AMOUNT. Some states/provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Your use of the Site is entirely at your own risk. You are responsible for your interactions with other users of the Site. SST and/or the Club is not responsible for the conduct of any user.
10. INDEMNITY
All actions you make and information you post on the Site remain your responsibility. Therefore, you agree to indemnify, defend, release and hold SST, the Club and our partners, licensors, affiliates, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings (including reasonable legal fees) suffered or reasonable incurred by us arising as a result of, or in connection with:
1. Any negligent acts, omissions or wilful misconduct by you;
2. Your access to and use of the Site;
3. The uploading or submission of any content to the Site by you;
4. Any breach of these terms and conditions by you; and/or
5. Your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
11. NO AGENCY
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these terms and conditions.
12. NOTICES
Except as explicitly stated otherwise, legal notices shall be served to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
13. LIMITATIONS ON SST SERVICES
You acknowledge that SST may establish limits concerning use of the SST Services, including the maximum number of days that Content will be retained by the SST Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the SST Services, and the frequency with which you may access the SST Services. You agree that SST have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the SST Services. You acknowledge that the SST reserves the right at any time to modify or discontinue the SST Services (or any part thereof) with or without notice, and that SST shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SST Services.
14. NO WARRANTY
USE OF THE SITE AND THE SST SERVICES IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THERE IS NO GUARANTEE THAT THE SST SERVICES WILL WORK FOR YOU. IF YOU ARE CONCERNED THAT THE SST SERVICES MAY NOT WORK FOR YOU, THEN YOU SHOULD NOT USE THE SST SERVICES. ACCORDINGLY, THE SITE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SST SERVICES AT YOUR OWN RISK. NONE OF THE CLUB OR SST WARRANTS THAT: (A) THE SITE OR THE SST SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) DEFECTS OR ERRORS IN THE SITE, SST SERVICES OR SOFTWARE WILL BE CORRECTED; (C) THE SITE OR THE SST SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY INFORMATION CONTAINED IN THE SITE, OR THE SST SERVICES WILL BE ACCURATE OR RELIABLE, (E) THE SITE OR THE SST SERVICES WILL MEET YOUR REQUIREMENTS, OR (F) THE QUALITY OF THE SITE, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. THE CLUB, AND SST EACH EXPRESSLY DISCLAIMS (AA) ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SITE, ITS CONTENT AND/OR THE SST SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR (BB) ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY VENDOR OR USER OF THE SST SERVICES, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE SITE OR THE SST SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR USE OF THE SST SERVICES. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
15. MODIFICATION OF SST SERVICES
Programming, pricing, terms and conditions of the SST Services are subject to availability and change. SST may change, suspend or discontinue any aspect of the Site or the SST Services at any time, including the availability of the Site or its Content.
16. VIOLATIONS OF TERMS; TERMINATION
The Club and SST may impose limits on certain features of the SST Services or restrict your access to parts or the entire Site without notice or liability at any time, without prejudice to any legal or equitable remedies available to each of them, for any reason or purpose, including, but not limited to, conduct that the Club or SST believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the Club or SST believes is harmful to other customers. In addition, this Agreement may be immediately terminated at any time by the Club and SST in their sole discretion. In addition and without prejudice to any other remedy available to the Club or SST the Club and SST may immediately terminate this Agreement if you breach any term of this Agreement or the rules of use for the SST Services. In addition to any legal remedies that the Club, and/or SST may have for your violation of the terms of this Agreement, the Club and/or SST shall also have the right in its sole discretion to suspend or terminate your access to the Site.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that if it becomes necessary for SST to pursue legal action to enforce these terms and conditions, you will be liable to pay actual damages for breaches of these terms. SST retains the right to seek the remedy of specific performance of any term contained in the these terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these terms, or any combination thereof.
17. MISCELLANEOUS
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any term herein is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings are for convenience only and must not be given any legal import.
18. ACCEPTANCE OF TERMS OF USE
BY USING THE SITE AND THE SST SERVICES, YOU SIGNIFY YOUR AGREEMENT TO THE TERMS OF THIS AGREEMENT. If you do not agree to the terms in this Agreement, you must not use this Site. SST may change the terms of this Agreement at any time, and your use of the Site after such changes are posted will mean that you accept them.
19. You understand that seats posted using the SST Services are only for preseason and regular season hockey games presented by the Club and played at Bell MTS Place during the National Hockey League (“NHL”) preseason and regular season. You understand that the Club must comply with certain agreements and mandates made by the NHL, and the NHL reserves the right to cancel, postpone, reschedule or relocate games, as determined in its sole discretion; modify or discontinue, temporarily or permanently, any aspects of the rules, operations and presentations of NHL-related games and events; and relocate any seat locations, including season seat holder seat locations, during any NHL-controlled games (“NHL Preemption”).
