Terms of Use for My Select-A-Seat

These Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the Select-A-Seat (hereinafter, the "Select-A-Seat") My Select-A-Seat online functionality ("My Select-A-Seat"), and all of the services provided by it (collectively, the "Services") which are offered on or available through the pages of this website (this "Website") and our partner websites as set forth herein. By registering to use the Services, you acknowledge that you have read and understand this Agreement and you expressly agree to comply with and be bound its terms. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, Select-A-Seat and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or Select-A-Seat may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this Website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this Website or otherwise use the Services after such terms are posted. This Agreement was last revised on August 11, 2015.

By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of the Cyclones, as such may be amended from time to time, including, without limitation, those terms and conditions printed on each Select-A-Seat event admission tickets ("Ticket"), (2) the terms, conditions and policies set forth in the My Select-A-Seat Help Screens, (3) the Terms of Use and Privacy Policy generally applicable to this Website and the websites of Select-A-Seat, each of which is incorporated as part of this Agreement by this reference. You are encouraged to read all applicable Terms of Use, User Agreements and Privacy Policies before you engage in any transaction on My Select-A-Seat. By engaging in a transaction on My Select-A-Seat, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, you represent the same to be true:

1. Eligibility and Registration. To use the My Select-A-Seat Services, you must first register with My Select-A-Seat. To qualify for registration, you must be at least 18 years of age. By registering with My Select-A-Seat and accessing the Services, you are representing to us that you are at least 18 years of age. Select-A-Seat or Tickets.com may suspend or terminate your My Select-A-Seat account if you are not qualified to use the Services.

2. Select-A-Seat Ticket Holders and Applicable Events. Not all Ticket accounts holders of record are authorized by Select-A-Seat to use My Select-A-Seat to forward any Ticket through Forward or resell tickets through Re-Seat. Only Tickets for various events as designated by Select-A-Seat from time to time may be resold or forwarded.

3. Accuracy of Information. You agree, and by using the Services you represent and warrant, that the information you provide to anyone in connection with your use of the Services (including, without limitation, Select-A-Seat) is true and accurate in all respects. Neither Tickets.com, nor Select-A-Seat guarantees the truth or accuracy of any statements or representations made by My Select-A-Seat users. Neither Tickets.com, nor Select-A-Seat will be liable or bear any responsibility for statements made by other My Select-A-Seat users.

4. Specific Terms Governing Selling and Buying Tickets Through Re-Seat. If you sell or buy a Ticket through Re-Seat, you agree to be bound by the following terms:

Selling a Ticket.

    1. Seller and Buyer. You agree that Re-Seat Ticket sale and purchase transactions are between you, Select-A-Seat and other Re-Seat users and that Tickets.com is not a party to any such transaction. Tickets.com is only providing the technology to facilitate the sale of your Tickets through this website. Neither Select-A-Seat, nor Tickets.com are acting as agents for either the buyer or seller.
    2. Title to Sold Tickets. After a buyer has elected to purchase a Ticket, that Ticket will automatically be cancelled and a replacement Ticket will be issued to the buyer's account by Select-A-Seat. Tickets.com will never take title to a Ticket during the course of a Ticket sale. When a seller posts a Ticket for sale, the seller is authorizing Select-A-Seat and Tickets.com to invalidate the barcode imprinted on that ticket and to issue a new ticket to the buyer with a replacement barcode. The sales price of the Ticket and any other applicable fees and charges will be charged to the buyer's credit card. All Ticket sales are final and not revocable by the seller or the buyer.
    3. Seller's Risk of Loss. No assurances can be made that a buyer will complete a Ticket purchase. A seller bears all risk of loss if, for any reason, a buyer fails to make payment for any Ticket purchase.
    4. Timing of Payment. A seller will receive a payment or a credit from Select-A-Seat, in an amount equal to the face value imprinted on the Ticket sold, after the event designated on that Ticket has been played.
    5. No Use of Sold Tickets. After a Ticket is sold and deactivated, that Ticket will no longer be valid for any purpose, including admission to the event designated on that Ticket. A seller will receive one warning if anyone attempts to use a Ticket after it has been deactivated. Any subsequent attempt to use a deactivated Ticket following such warning may result in the seller's permanent loss of eligibility to use My Select-A-Seat and the revocation of the seller's season Ticket account. Neither Select-A-Seat, nor Tickets.com will be liable for any damage, loss or claim relating to anyone's use or attempted use of any deactivated Ticket.
    6. Cancelled Events. After a seller has sold Tickets to an event, if that event is cancelled, the transaction will be reversed and the seller's Tickets for that game will be subject to the Select-A-Seat policies applicable to Tickets generally.

Buying a Ticket.

    1. Ticket Seller. Tickets.com is not the seller of any Ticket that you purchase through Re-Seat. Tickets. com is only providing the technology to facilitate your purchase of a Ticket through Re-Seat.
    2. Service and Other Charges. When you buy a Ticket through Re-Seat, in addition to the Ticket price, your credit card will be charged a service charge to use the Services. The amount of the service charge you pay is indicated in Re-Seat, and is subject to change. In addition, you may be charged a fee for the method of delivery that you choose for your Tickets, such as Tickets@Home or express delivery. The amount charged for the method of delivery options are listed in Re-Seat. A portion of the fees and charges, including any charges for Federal Express delivery, are retained as profit. All charges will be collected at the time the sale transaction is complete.
    3. Obligation to Complete Purchase. You agree that time is of the essence with respect to all Ticket purchases. All title, rights and obligations with respect to any Ticket will pass from the seller to you upon completion of a Ticket purchase. Any failure by you to pay for Tickets purchased through Replay may result in your permanent disqualification from further use of Re-Seat, or any of the other Services offered through My Select-A-Seat, at Select-A-Seat's discretion.
    4. Cancelled Events. After you have purchased Tickets to a game through Re-Seat, if that event is cancelled, the transaction will be reversed and you will receive a refund for the price you paid for the Tickets plus any other fees and charges. Your refund will be credited to the credit card you used to purchase the Tickets. You understand that Select-A-Seat events may be cancelled from time to time and that neither Select-A-Seat nor Tickets.com are responsible for any loss or damage in connection with cancelled events.
    5. Rescheduled Events. After you purchase Tickets for a game, if that game is rescheduled, the Tickets that you purchased will remain valid and use of such Tickets will be subject to those policies applicable to Select-A-Seat Ticket holders generally; as Select-A-Seat may amend such policies from time to time. You are not entitled to a refund or to otherwise reverse your purchase of Tickets because the game was rescheduled.

4. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified My Select-A-Seat account holder of record and are forwarding a Ticket, you are referred to below as the "Sender". If you are receiving a forwarded Ticket, you are referred to below as the "Recipient".

  • Forwarding Tickets. If you are a Sender, you may forward one or more of your Tickets to an event to any person, provided that the Recipient has a valid email address. You authorize Select-A-Seat and Tickets.com to cancel and deactivate each Ticket that you forward and to reissue a valid Ticket to the Recipient.
  • Receiving Forwarded Tickets. If you are a Recipient, a new Ticket with a replacement barcode will be issued to you. A Ticket that has been forwarded to you is only valid for the event imprinted on that Ticket (or the alternative event, solely in the event of a rescheduled event), and is only for your own personal use.
  • Use of Original Ticket After Forward. The Sender will receive one warning if any attempt is made to use such Sender's Ticket after such Ticket has been deactivated. Any subsequent attempts to use any deactivated Ticket following such warning may result in the permanent disqualification of the Sender from use of the Services and revocation of the Sender's season Ticket. Neither Select-A-Seat, nor Tickets.com will be liable for any damage, loss or claim relating to the use, or attempted use of any deactivated Ticket.
  • Rescheduled Events. In the event an event is postponed or rescheduled, any Recipient will be subject to those policies applicable to Select-A-Seat Ticket holders generally, as Select-A-Seat may amend such policies from time to time. It is the Recipient's responsibility to verify any changes to the information printed on the Ticket, including the date and time of the event.
  • Cancelled Events. Ticket forwards for events that are cancelled will be reversed. Any Ticket that was forwarded to a Recipient for any cancelled event will be deactivated and will no longer be valid, and such Recipient will have no further rights in connection with that Ticket. Any forwarded Ticket for any cancelled event will be subject to those policies applicable to Ticket holders generally, as such policies may be amended by the Select-A-Seats from time to time. You understand that Select-A-Seat events may be cancelled from time to time and that neither Select-A-Seat, nor Tickets.com is responsible for any loss or damage in connection with such cancelled events.
  • 5. Special Rules for Auction.
    A. General. By registering to participate in an auction, you acknowledge that you have read this Agreement, including but not limited to Sections 1 ("General Rules"), 2 ("Eligibility and registration"), 3 ("Accuracy of Information"), 4 ("Termination"), 5 ("Legality of transaction"), 6 ("Warranty") 7 ("Limitation of Liability") 8 ("Indemnity"), 12 ("Trademarks") and 13 ("General") In addition, by registering and participating in an auction, you agree to the following:
    B. Authorization to charge credit card. By placing a bid, you agree that if you are the successful bidder, we may charge your credit card for the full amount of your bid. We will not contact you prior to charging your credit card. Your card will be charged automatically, immediately following the close of the auction.
    C. All bids are final. Once you place a bid, you cannot cancel, retrieve, or revise it.
    D. Increasing your bid. If another bidder places a bid that is higher than yours, if you wish to continue participating in the auction, you must return to this site and submit a new bid at a price higher than the amount shown as the current high bid. This auction site does not use "proxy bidding" or any other automated method that allows the auction system to automatically place higher bids for you.
    E. Determining the winning bid. At the close of the auction period, the highest bid will be deemed to be the winning bid, unless there is a tie, in which case, the high bid that was placed earlier in time will be deemed to be the winning bid.
    F. Breaking a tie. When you submit a bid, we record the date and time that your bid was submitted. We use this information if there is a tie between you and another bidder. At the close of an auction, if two or more bidders bid the same amount, the bidder who placed his or her bid on the earlier date, or if necessary, at the earlier time on that date, will be deemed to be the successful bidder. During the auction period, each time you bid, the date and time of that bid are recorded and your information is updated. The dates and times of your previous bids are no longer applicable.
    G. Determination of a winning bid is final and binding. Select-A-Seat and/or Tickets.com reserve the right to refuse to accept any bids, including a bid that would otherwise be deemed to be a winning bid, at any time and for any reason.
    H. Availability of Tickets. Select-A-Seat will control, at all times, the number and quality of tickets available for purchase through Auction. In addition, Select-A-Seat reserves the right to cancel an auction at any time, up to the time that an auction closes.
    I. Price paid for Tickets. You acknowledge and agree that neither Select-A-Seat nor Tickets.com make any guaranty that the price that you pay for tickets as a winning bidder will be at a price more favorable than the price that the same or similar tickets may be sold through other methods, including the box office. It is possible that you may pay more for tickets in an auction than you might have paid for them from other authorized sources.
    J. No liability for interruption of auction system. Neither Tickets.com, nor Select-A-Seat will be responsible for any auction that is lost as a result of this site becoming inoperable, your inability to access this site, or any system fault or failure that may result in your bid not being received in a timely manner.
    K. No guarantee of security. The Released Parties cannot guarantee that your access to Auction will be secure. The Released Parties do not guarantee the security of any information provided by you in connection with any auction conducted on this Web site.

    • 6. Termination of Participation. Select-A-Seat may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if Select-A-Seat determines that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Select-A-Seat participants, (C) you have violated any policy, rule, regulation or direction of Select-A-Seat relating to either Select-A-Seat and/or their venues, as each may be amended from time to time by Select-A-Seat in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com, nor Select-A-Seat will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future game dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to Select-A-Seat or Tickets.com at law or in equity may be taken against you.

    7. Legality of Transaction. Neither Select-A-Seat, nor Tickets.com makes any assurance that the Services complies with applicable Federal, state, municipal or other local law or regulation. Users of the Services assume all risk in connection with any transaction conducted with the Services.

    8. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of these Websites is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever.

    9. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM, NOR SELECT-A-SEAT WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THESE WEBSITES (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER SELECT-A-SEAT, NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM OR SELECT-A-SEAT, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, OR SELECT-A-SEAT WILL CREATE A WARRANTY OF ANY KIND.

    10. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, NOR SELECT-A-SEAT, OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, OR SELECT-A-SEAT HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY SELECT-A-SEAT PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, OR SELECT-A-SEAT, OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER.

    11. INDEMNITY. EACH PERSON WHO USES THE SERVICES AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS SELECT-A-SEAT, TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND THEIR USE.

    12. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing.

    13. No Guarantee of Security. None of Tickets.com, or Select-A-Seat guarantees secure access to either the Select-A-Seat or the My Select-A-Seat Website and neither Select-A-Seat, nor Tickets.com assures the security of any information provided by you in connection with the Services.

    14. Password Use. In order to use the Services you will be required to register with My Select-A-Seat, and as part of such registration, you will receive a user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and are solely responsible for all actions that occur under your user name and password.

    15. General. This Agreement will be governed in all respects by the laws of the State of Oklahoma without regard to conflict of law principles. You agree that any action arising out of or relating to these terms will be submitted to binding arbitration, held in Tulsa, Oklahoma, pursuant to the Commercial Rules of the American Arbitration Association and that the terms of such action, the names of the parties, all documents filed in connection with such arbitration and any award by the arbitrator (or other resolution of such matter) will be confidential. This Agreement sets forth the entire understanding and agreement between the parties with relation to the subject matter of this Agreement and it is understood that there are no oral representations, understandings or agreements covering the same subject matter as this Agreement. In case any provision of this Agreement will be invalid, illegal or unenforceable, such provision will be severed from this Agreement and the validity, legality and enforceability of the remaining provisions of this Agreement will not in any way be affected or impaired thereby. Headings in this Agreement are used for convenience of reference only and will not in any way define or affect the meaning, construction, or scope of the provisions captioned. No delay of, or omission in the exercise of any right, power or remedy accruing to Select-A-Seat or Tickets.com under this Agreement will impair any such right, power or remedy, nor will it be construed as a waiver of any future exercise of any right, power or remedy.