Last updated: January 18, 2012
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE WillCall MOBILE APPLICATION. BY USING THE APPLICATION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THE WillCall PRIVACY POLICY. THESE TERMS AND OUR PRIVACY POLICY SUPPLEMENT, BUT DO NOT OVERRIDE, THE LICENSE APPLICATION END USER LICENSE AGREEMENT (“License”). IF YOU DO NOT AGREE TO THE FOREGOING, DO NOT USE THE APPLICATION.
The WillCall Mobile Application (the “Application”), together with the features, content, applications, tools and services that may be used or accessible by means of the Application (the “Services”), may b e used for personal non-commercial use strictly in accordance with these Terms of Service (“Terms”), the License, our Privacy Policy and the applicable usage rules established by your mobile device platform o r service provider ("Usage Rules").
By using the Application and Services, you are representing that you are of legal age (18 years and over), legally competent to enter into a binding agreement and are not otherwise prohibited from using or receiving the Application and Services pursuant to applicable law.
You agree that you will not use the Application or Services for any revenue generating endeavor, commercial enterprise or other purpose for which it is not designed or intended, including any unauthorized non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning.
Some or all of the Services may be provided by third parties and you may be subject the terms of service of those third parties in addition to these Terms.
WillCall does not warrant that the Application or Services will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with y our mobile device.
We may issue upgraded versions of the Application and may automatically upgrade the version of the Application on your mobile device. You consent to such automatic upgrade. We may change, expand and improv e the Application and Services. We may at any time cease to continue operating part or all or selectively disable certain aspects of the Application or Services.
You acknowledge and understand that the Application and Services require and utilize phone service, data access or text messaging capability. Carrier rates for phone, data and text messaging may apply and you are responsible for any such charges.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile device, and you agree to accept responsibility for all activities that occur u nder your account or password. It is your responsibility to advise us if you are aware of any unauthorized access to your account. If you are under 18, you may use WillCall only with involvement of a parent o r guardian. WillCall and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.
You are required to provide accurate and complete information when you create your account with us, and you are required maintain at all times true, accurate and complete information related to your accoun t. We are under no obligation to retain a record of your account or any data or information that you may have stored by means of the account or your use of the Application and Services. You are prohibited fro m utilizing alter-egos or other disguised identities when utilizing the Application or Services. You are under no obligation to use or continue to use the Application or Services and may cease use of the Appl ication or Services without notice to WillCall.
Certain personal information and other information provided by you may be stored on your mobile device even if such information is not collected by WillCall. It is your responsibility to maintain the secur ity of your mobile device from unauthorized access. Use by WillCall of any personal information about you is subject to our Privacy Policy.
Some of the information, materials, content and services which you may access using the Application are owned or provided by third parties. WillCall makes no representations whatsoever concerning such thir d parties, including, any transaction you enter into directly with any third party. WillCall shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused b y or in connection your business with any third party.
We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the information accessible using the Application. Wher e appropriate, we will endeavor to update information accessed using the Services on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.
In no event shall any third party mobile device platform or service provider have any obligation to you whatsoever to furnish any maintenance and support services with respect to the Application or Service s.
When you use WillCall or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website. 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 .
WillCall, WillCall and other marks we use in connection with the Application and our website are registered trademarks of WillCall Inc. or its subsidiaries in the United States and other countries. In addi
tion WillCall graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of WillCall Inc. or its subsidiaries. WillCall's trademarks and trade dress may not be used
in connection with any product or service that is not WillCall's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits WillCall or WillCall. All othe
r trademarks not owned by WillCall or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WillCall or it
s subsidiaries.
WillCall respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Clai ms of Copyright Infringement set forth below.
WillCall attempts to be as accurate as possible. However, WillCall does not warrant that the Application and Services are complete, reliable, current or error-free. If a product or service sold to you by W illCall is not as described, your sole remedy is to return it in unused condition. In the case of an event ticket, this means you do not attend said event and contact us prior to or within three (3) business days of the event date.
Prices advertised through the Application and Services may not represent the prevailing price in every area on any particular day.
When you make a purchase using the Application you are representing to us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card c ompany, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. You are also acknowledging that (i) the posted prices include the ticket rate negotiated by Wil lCall with ticket suppliers plus service fees and taxes, where applicable; (ii) WillCall pays its ticket suppliers for the taxes due on the ticket but the ticket suppliers calculate and remit applicable taxes to the applicable taxing jurisdictions; and (iii) WillCall retains a service fee from the posted price as compensation in servicing your ticket purchase.
If the event has overbooked and is sold out, it is the venue's responsibility to honor your ticket. This is our agreement with each venue. While we will endeavor to enforce our agreements with venues, we a re not responsible to you if the venue does not, for whatever reason, allow you in to the event.
When you buy a ticket the Application, we receive a ticketing fee as the “agent” in the transaction.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, pos ted materials, IP addresses and traffic information.
Our website may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.
WillCall booking credit is not redeemable for cash or cash equivalents, is non-transferable and may not be applied towards prior purchases. Other restrictions may apply. We reserve the right to discontinue this offer at any time and for any reason. Any abuse of booking credits, as determined by us in our sole discretion, may result in the rescission of your referral credit and the inability of you to participa te in this offer in the future.
Any use of the Application or Services shall be at your sole risk. WillCall disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or the material accessible by use of the Application or Services.
THE APPLICATION AND SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WillCall MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR SERVICES.YOU EXPRESSLY AGREE THAT YOUR USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WillCall DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PU RPOSE. WillCall DOES NOT WARRANT THAT THE SERVICESWillCall'S SERVERS, OR THE E-MAIL YOU RECEIVE AS A RESULT OF YOUR USE OF THE APPLICATION OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WillCall WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS OR ANY SERVICES OR PRODUCTS OBTAINABLE FROM THE APPLICATION OR SERVICES, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE APPLICATION OR SERVICES OR ANY FEATURES THEREOF, (C) YOUR USE OF THE APPLICATION OR SERVICES, (D) THE CONTENT CONTAINED IN OR ACCESSI BLE THROUGH THE APPLICATION OR SERVICES, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND OUR CONTROL.
THE AGGREGATE LIABILITY OF US AND OUR AFFILIATES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE APPLICATION OR SERVICES SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER R EMEDIES WHICH YOU MAY HAVE AGAINST US AND OUR AFFILIATES.
ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE APPLICATION AND SERVICES MUST BE BROUGHT BY YOU WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES OR BE FOREVER WAIVED AND BARRED.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITAT IONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors and assigns, third party suppliers of information and documents, attorneys, a dvertisers, product and service providers and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of these Terms, the License, or u se of the Application or Services.
By using the Application, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and WillCall or its affiliates.
The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of these Terms be held invalid or unenforceable, that portion shall be con strued consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Application or the Services is in conflict or inco nsistent with these Terms, these Terms shall take precedence. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any termination of your use of the Application.
Any dispute between you and WillCall relating in any way to your use of the Application or Services ("Claim") shall be resolved by binding arbitration before a single arbitrator to be conducted in the coun ty and state of your billing address; except that, to the extent you have in any manner violated or threatened to violate WillCall's intellectual property rights, WillCall may seek injunctive or other appropr iate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. As an additional exception to arbitration, you and WillCall retain the right to pursue any Claim in small claims court located in the county and state of your billing address at the time of the Claim that is within the court's jurisdiction and proceeds on an individual, non-cla ss basis. Arbitration under these Terms shall be conducted under the Supplementary Procedures for Consumer-Related Disputes rules then prevailing of the American Arbitration Association. For all arbitrations under this provision, WillCall shall be responsible for all costs of the arbitration. For a Claim valued at less than $10,000, you may choose whether the arbitration proceeds in person, by telephone, or based solely on written submissions. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. In the event you are the prevailing party,WillCall shall pay yo ur attorneys fees, if any. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether throu gh class arbitration proceedings or otherwise.
From time to time, we may post on our website revisions of existing policies or new policies. Please review them and they govern your use of the Application and Services. We reserve the right to make c hanges to the Application, the Services and our policies at any time.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WillCall's copyright agent the written information specified below. Please note that this proc edure is exclusively for notifying WillCall and its affiliates that your copyrighted material has been infringed by us.
An electronic or physical signature of the person authorized to act on behalf of the owner of the c
opyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site or application, including the venue name, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Corporate Address is:
WillCall Inc.
1550 Bryant Street, Suite 510
San Francisco, California 94103
You may also contact our member support team at [email protected]