Terms of Service
1. TERMS AND CONDITIONS
Welcome to Culturyst.com. These Terms of Service ("Terms and Conditions") govern any access and/or use of the Culturyst.com website ("Site") owned and operated by Culturyst, LLC ("Culturyst," "us," or "we"), along with any related services provided by us (collectively, the “Service”) by any person ("User" or "you"). By using the Service, you expressly agree to be bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Site. Please read them carefully.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS AND CONDITIONS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND CULTURYST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 "DISPUTE RESOLUTION" BELOW FOR DETAILS REGARDING ARBITRATION.
2. CHANGES IN TERMS AND CONDITIONS
We reserve the right to make changes to the Service and these Terms and Conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail. Any use of the Service by User subsequent to such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions. If you don't agree to be bound by the updated Terms and Conditions, then, you may not use the Service anymore.
3. ELECTRONIC COMMUNICATIONS
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, or notices and messages on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. PRIVACY
Please review our Privacy Policy to understand Culturyst's privacy practices.
5. EVENT ORGANIZERS
Culturyst sells admittance to entertainment events or services on behalf of entertainment venues, promoters and other organizers ("Events"). Tickets and Events are subject to the terms, conditions and policies of third-party organizers. We are not responsible for Events, including any changes to Event times, locations or venues, or cancellations of Events by third-party organizers. We do not determine seating locations for Events. All purchases made through our Site are final, except as governed by our Cancellation Policy. If an Event is cancelled by the ticket supplier or service provider, email us at help@culturyst.com and we will let you know if a refund is available under the ticket supplier or service provider's terms and conditions. You acknowledge sole responsibility for and assume all risk arising from your attendance of any Event.
6. RENEWAL
Unless you notify us before a charge that you want to cancel or do not want to auto renew, you understand that your Culturyst subscription will automatically continue and you authorize us (without notice to you, unless required by applicable law) to collect the then-applicable subscription fees and any taxes, using any payment method we have on record for you.
If all payment methods we have on file for you are declined for payment of your subscription fees, your subscription will be canceled unless you provide us with a new payment method. If you provide us with a new payment method and are successfully charged before your subscription is cancelled, your new subscription period will be based on the original renewal date and not the date of the successful charge.
From time to time we may also offer non-recurring subscriptions. The provisions in this section regarding automatic renewal are not applicable to those subscriptions.
7. SUBSCRIPTION CANCELLATION
You may cancel your subscription by visiting “My Account” (or clicking “Sign In” to access your account) and adjusting your subscription settings. If you cancel your subscription, you will not receive a refund of any subscription fees already paid unless you cancel within the first 30 days after your initial purchase as described in our Cancellation Policy.
8. USER CONTENT
"Content" means any communications, writing, articles, photographs, images, sounds, feedback and all the material and information that you upload or transmit through the Site, or that other users upload or transmit, or that you provide to Culturyst through any other means. You hereby grant to Culturyst and our licensors, successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, royalty-free, paid-up right to use, reproduce, affix, adapt, modify, translate, reformat, create derivative works from, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access, broadcast, enter into computer memory, all Content and modifications and derivative works thereof, without any compensation to you. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not upload or otherwise transmit on or through the Site any Content that is subject to any third-party rights.
Culturyst does not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor and/or record your communications (including, without limitation, chat and forum postings) when you are using the Site, and you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. Culturyst does not assume any responsibility or liability for any Content. Culturyst has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any Content. Culturyst reserves the right, at all times and in its sole discretion, to disclose any Content (including, without limitation, chat and/or forum postings) to third parties for any reason including, without limitation, (a) to comply with applicable laws, regulations, legal process or requests of any governmental agency; (b) to enforce these Terms and Conditions or any other agreement; (c) to protect Culturyst's legal rights and remedies; (d) to prevent harm to others; or (e) to report a crime or other offensive behavior.
9. LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions, and your payment of any applicable fees, Culturyst grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Service. This license does not include any resale or commercial use of the Service, or its contents; any collection and use of any Event listings, descriptions, or other Site content; any derivative use of the Site or its contents; or any downloading, copying, or other use of account information for the benefit of any third party. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Culturyst or its content providers. You may use the Service only as permitted by law. The licenses granted by Culturyst terminate if you do not comply with these Terms and Conditions.
10. GENERAL PROHIBITIONS
User shall not post or transmit through the Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless Culturyst shall have expressly approved such material in advance of its transmission. Any conduct by a User that Culturyst determines restricts or inhibits any other User from using or enjoying the Site or any of its features or services is expressly prohibited. User further agrees not to:
use the Service (1) to harm minors in any way, (2) to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity, (3) for any commercial purpose or the benefit of any third party or any manner not permitted by these Terms and Conditions, (4) to intentionally or unintentionally violate any applicable local, state, national or international law, rule or regulation, (5) to provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization, or (6) to stalk or otherwise harass another;
remove any proprietary notices from the Site;
cause, permit or authorize the reproduction, duplication, modification, creation of derivative works, or translation of any part of the Site or Service without Culturyst's prior written consent;
attempt to hack the Site, or to defeat or overcome any encryption technology or security measures implemented by Culturyst with respect to the Site and/or data transmitted, processed or stored by Culturyst;
attempt to harvest or collect any information about or regarding other users of the Site including, but not limited to, any personal data or information;
engage in web scraping, database scraping or any other activity for the purpose of obtaining content, data or other information from the Site for any purpose other than the use of the Site as expressly permitted by these Terms and Conditions; perform any meta-search or automated queries of the Site; or, without limiting the foregoing, circumvent a security measure, access control system, or other technological control or measure on our Service;
interfere with or disrupt the Site or any servers or networks connected to or operated with the Site, or disobey any requirements, procedures, policies or regulations of networks connected to or operated with the Site;
use the Service for commercial purposes, such as to sell tickets, products or services, or purchase tickets via the Service for resale; and/or
engage in any action or activity in violation of these Terms and Conditions.
Although we're not obligated to monitor access to or use of the Service, we have the right to do so for the purpose of operating the Service, to ensure compliance with these Terms and Conditions and to comply with applicable law or other legal requirements. We have the right to investigate violations of these Terms and Conditions or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
11. ACCOUNTS AND SECURITY
(a) Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
(b) Account. To use certain aspects of the Service you may have to register for an account (an "Account") by completing the registration process. You must complete the registration process by providing current, complete and accurate information (including your email address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes. If you don't, we might have to suspend or terminate your Account.
(c) Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account password. You agree to notify Culturyst immediately if you believe that the confidentiality of your Account password has been compromised.
(d) Account Sharing or Transfers. You may not share or transfer any Account. You may not disclose your username and password to anyone.
12. PROMOTIONS
From time to time, we may offer promotion codes, coupons, referral incentives, or other similar offers for credits or discounts in connection with our Service (collectively, "Promotions"). You agree not to provide fraudulent, false, misleading or deceptive information, or to create a fraudulent Account, in connection with a Promotion. Promotions may be subject to additional terms and conditions. If we determine that you have violated these Terms and Conditions or the terms and conditions applicable to a Promotion, we may void any credit, discount or other incentive you have received in connection with our Promotions, or terminate your Account. If your Account receives a credit, discount or other incentive in error, for example as a result of a bug or other defect in the Service, you acknowledge and agree that we may at our sole discretion void or cancel such credit, discount or other incentive.
13. TERMINATION
(a) Termination of the Service. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you.
(b) Cancellation by You. You have the right to cancel any Account registered to you at any time by following the instructions on the Site.
(c) Effect of Account Termination or Cancellation. If you voluntarily terminate an Account or allow an Account to lapse, you may reactivate the Account at any time through the account interface on the Site. Accounts terminated by Culturyst for any wrongful act or failure to act including, without limitation, a violation of these Terms and Conditions, may not be reactivated for any reason.
(d) Survival. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 8, 13(d), and 16-22.
14. LINKS
(a) Links from the Site. The Site or our communications with you may contain links to websites operated by other parties. Culturyst provides these links to other websites as a convenience and use of these sites is at your own risk. The linked sites are not under the control of Culturyst and Culturyst is not responsible for the content available on the other sites. Such links do not imply Culturyst's endorsement of information or material on any other site and Culturyst disclaims all liability with regard to your access to and use of linked websites.
(b) Links to the Site. Unless otherwise set forth in a written agreement between you and Culturyst, you must adhere to Culturyst's linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Culturyst's and/or its licensors' names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by or otherwise associated with Culturyst, (iii) when selected by a user, the link must display the Site on full-screen and not within a "frame" on the linking Site, and (iv) Culturyst reserves the right to revoke its consent to the link at any time and in its sole discretion.
15. CHILDREN
The Site is not directed toward children under 18 years of age nor does Culturyst knowingly collect information from children under 18. If you are under 18, please do not submit any personally identifiable information to Culturyst.
16. INTELLECTUAL PROPERTY
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Culturyst or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Culturyst and protected by U.S. and international copyright laws. All software used on this Site is the property of Culturyst or its software suppliers and protected by United States and international copyright laws.
Culturyst and the Culturyst logo are the trademarks and service marks of Culturyst. Unauthorized use of any Culturyst trademark, service mark or logo may be a violation of federal and state trademark laws.
If you are a copyright owner or agent thereof and believe that content posted on the Site infringes upon your copyright, please email us at help@culturyst.com and include your name, address, telephone number and email address; a description of the copyrighted work that you claim has been infringed; and the URL of the location on the Site containing the material that you claim is infringing.
17. WARRANTY DISCLAIMERS
THIS SITE AND ANY PRODUCTS, AND SERVICES WE MAY OFFER VIA OUR SITE ARE PROVIDED BY CULTURYST ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR AS TO EVENTS. USER EXPRESSLY AGREES THAT USE OF THIS SITE, OR ANY PRODUCTS AND SERVICES OFFERED VIA THE SITE, OR ATTENDANCE AT ANY EVENT, ARE AT USER'S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CULTURYST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CULTURYST DOES NOT WARRANT THAT THE FUNCTIONS OR FEATURES OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. CULTURYST DOES NOT GUARANTEE THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON THE SITE OR ON WEBSITES THAT LINK FROM THIS SITE. CULTURYST DOES NOT GUARANTEE THAT YOU WILL BE SATISFIED WITH PRODUCTS OR SERVICES THAT YOU PURCHASE FROM THE SITE OR ANY EVENT FOR WHICH YOU PURCHASE TICKETS THROUGH THE SITE. CULTURYST DOES NOT WARRANT THAT THE SITE, ITS SERVERS OR EMAIL SENT FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18. LIMITATION OF LIABILITY
IN NO EVENT WILL CULTURYST, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, POSTING OR DISTRIBUTING CONTENT BE LIABLE UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, THE COST OF PURCHASING PRODUCTS TO REPLACE ANY GOODS PURCHASED THROUGH THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA YOU TRANSMIT THROUGH THE SITE, ANY STATEMENTS OR CONDUCT OF ANOTHER USER, OR ANY EVENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CULTURYST WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (A) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM AN EVENT, OR (B) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A THIRD-PARTY TICKET SUPPLIER OR SERVICER PROVIDER TO HONOR A TICKET. IN NO EVENT WILL CULTURYST'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR FROM THE USE OF OR INABILITY TO USE THE SITE, FROM ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE, OR AN EVENT, EXCEED THE AMOUNTS YOU HAVE PAID TO CULTURYST IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT GIVING RISE TO THE CLAIM, OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO CULTURYST, AS APPLICABLE. USERS HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS SITE.
19. INDEMNIFICATION
User agrees to defend, indemnify and hold Culturyst, its affiliates, officers, shareholders, agents and other partners and employees harmless from any and all claims, demands, suits and proceedings brought by a third party, and any related losses, damages, judgments, settlements, liabilities, and expenses (including, without limitation, reasonable attorneys' fees and costs) relating to or arising out of User's use of the Service, including your connection to the Service or any of the Service's features, your violation of any of these Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not.
20. GOVERNING LAW AND FORUM CHOICE
If there is any dispute about or involving the Service, by using the Service, User agrees that the dispute will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Washington without regard to its conflict of law provisions. Except as otherwise expressly set forth in Section 21 "Dispute Resolution," User agrees that the Washington state and U.S. federal courts located in King County, Washington shall have exclusive jurisdiction over all disputes relating to these Terms and Conditions that User and Culturyst are not required to arbitrate and User agrees to the venue of such courts.
21. DISPUTE RESOLUTION
Any dispute or claim relating in any way to your use of the Service, or to any products or services sold or distributed by Culturyst will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms and Conditions as a court would.
The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including its Consumer Arbitration Rules, as modified by these Terms. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. To begin an arbitration proceeding, you must send a letter requesting arbitration to the AAA and give notice to the other party as specified in the AAA rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Culturyst will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. We both agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
22. GENERAL
(a) No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Culturyst as a result of these Terms and Conditions or your use of the Site.
(b) Assignment. Culturyst may assign these Terms and Conditions, in whole or in part, to any person or entity at any time with or without your consent. You may not assign any rights or delegate any obligations under these Terms and Conditions without Culturyst's prior written consent, and any unauthorized assignment or delegation by you shall be null and void.
(c) Severability. If any part of these Terms and Conditions is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of these Terms and Conditions shall be given full force and effect.
(d) No Waiver. Our failure to enforce any provision of these Terms and Conditions shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these Terms and Conditions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
(e) Notices. All notices given by you or required under these Terms and Conditions shall be in writing and addressed to: Culturyst LLC, P.O. Box 20512, Seattle, WA 98102; ATTN: CEO.
(f) Equitable Remedies. You hereby agree that Culturyst would be irreparably damaged if the terms of these Terms and Conditions were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise have available to us under applicable laws.
(g) Entire Agreement. These Terms and Conditions, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site.
(h) International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.