Lyte Terms of Service

Effective: December 1, 2016

Lyte Buyer terms of service

These Lyte Reservations Terms of Use (these “Terms”) are entered into between Lyte, Inc., a Delaware corporation (“Lyte” or “we” or “us”), and you (“you”). These Terms govern your use of the uselyte.com website (the “Lyte Website”), and the Lyte Reservations ticket service accessed through the Lyte Website (the “Service”). You accept these Terms by either (1) clicking to agree or accept where these options are presented to you, or (2) actually using the Lyte Website or the Service. If you do not agree to these Terms, do not use the Lyte Website or the Service. Your use of the Lyte Website and the Service is also governed by the Lyte Privacy Policy.

  1. Your Use of the Service
    1. The Service allows you to (a) place a reservation with us for a ticket (each, a “Ticket”) to an event (the “Event”), which Ticket we have purchased or will purchase from a prior owner of that Ticket (a “Seller”), and, (b) if we are able to fulfill your reservation, to purchase that Ticket from us. We will notify you via email if we are able to fulfill your reservation. We will deliver your purchased Ticket via email on a date determined by us in our reasonable discretion.
    2. When placing a reservation for a Ticket, you are entering into a binding contract with us to purchase that Ticket at the specified price if and when we are able to fulfill your reservation. Payment is remitted to us via the Payment Method you elect from our available Payment Methods. All sales are final once we fulfill your reservation. Except as provided in Section 1.6, you will not receive a refund for completed purchases. Except for your limited rights, specified in Section 1.3 and 1.4, to cancel a reservation before it is fulfilled or to request a seat change, you cannot change or cancel any reservations placed through the Service.
    3. Once you have placed a reservation for a Ticket, you have the right to cancel your reservation at any time before it is fulfilled, by contacting our customer service via email. If, at the time we receive your cancellation request, your reservation has not been fulfilled, we will cancel your reservation and you will not be charged.
    4. Once your reservation has been fulfilled, you have the right to request a seat change (within the same ticket tier or price class as your original Ticket), if you are not satisfied with the seat you have been assigned. We will make reasonable efforts to find a replacement seat based on your request, but we do not guarantee that your request can be met.
    5. In the event that, in our reasonable judgment, we decide to investigate a possible violation of these Terms or our policies, you agree to cooperate fully with such investigation. If we have a good faith basis to believe you are in material breach of these Terms or applicable law, we may take any action that we deem appropriate in our sole discretion, including without limitation temporarily or permanently suspending you from using or accessing the Service, canceling a sale, or declining to deliver a Ticket to you.
    6. In the event that (a) the Event is canceled or postponed in whole or in part, (b) a Ticket you purchase is invalid or (c) there are other problems with your Ticket that prevent you from attending the Event to which the Ticket purports to give you entry, and, in the case of each of clause (a), (b) and (c), we are able to cancel our payment obligation to the Seller or to receive a refund of the price paid by us for the Ticket to the Seller, then we may, in our sole discretion and without any obligation on ourpart, issue a full or partial refund of the price you paid to us for the Ticket.
  2. Who May Use the Service
    1. You may use the Service only if you meet all of the following eligibility requirements:
      • You must be a resident of the United States who is physically present in the United States.
      • You must be 18 years or older.
      • You must have access to a compatible computer, smartphone, mobile device or other device that is supported by our platform.
    2. We reserve the right to change eligibility requirements or to terminate any person’s right to use the Service at any time in our sole discretion.
  3. Your Account
    1. To purchase a Ticket from us, you must register through our application to establish an account with us. You are responsible for providing us with accurate information and updating your account as necessary to keep it current. Each person may have only one account, and you may not share your account with any other person. Your account is non-transferrable.
  4. Your Covenants, Representations and Warranties
    1. Each time you use the Service, you agree, represent and warrant to us that:
      • You meet all of the eligibility requirements for using the Service.
      • All of the information provided to us in your account and in connection with your use of the Service is current and accurate, and is not fraudulent or misleading.
      • Your use of the Service fully complies with these Terms and with all applicable local, state, national and international laws, rules and regulations.
      • You will not contact or invite contact with any Seller or any other user of the Service for the purpose of soliciting purchases or sales of tickets to the Event outside of the Service, or for any other reason.
      • You will not violate any venue or event promoter rules in connection with the Event.
      • Your use of the Service does not infringe the copyright, trademark, trade secret other intellectual property or proprietary rights, or privacy, publicity, or other rights, of any third party.
      • Your use of the Service does not breach any duty of confidentiality that you owe to any third party.
      • Your use of the Service does not promote any illegal activities.
    2. We agree to make commercially reasonable efforts to forward to you, at the email address provided by you to us, communications received by us, after your purchase of the Ticket, from the event organizer, Seller or any other third party that may, in our sole discretion, be materially relevant to you, including, for example, informational communications and communications that grant additional rights or privileges (such as VIP access and amenities).
    3. You agree that Lyte and/or third parties own all right, title and interest in and to the Lyte Website and the Service, including without limitation all applicable intellectual property rights. You agree that you will not, and will not allow any third party to, (a) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Service, unless otherwise permitted, (b) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the Service, (c) use the Service to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (d) remove, obscure, or alter Lyte’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service.
    4. You agree that you will not (a) engage in any activity that interferes with or disrupts the Lyte Website or the Service (or the servers and networks that are connected to the Service), (b) use the Service in a way that interferes or disrupts any servers, networks, or websites operated by us or any third-party or (c) use any data mining, “bots,” “spiders” or similar data gathering and extraction tools.
  5. Our Provision of the Service
    1. You agree that we may stop (permanently or temporarily) providing the Service to you or to users generally at our sole discretion, without prior notice to you.
  6. Payment Processing
    1. We may make available to you various payment processing methods to facilitate your use of the Service, including payment by credit card or debit card (each, a “Payment Method”). You agree to abide by any relevant terms of service or other legal agreement, whether with us or a third party, that governs your use of a given Payment Method. You agree that we reserve the right to add or remove Payment Methods at our sole discretion and without notice to you.
  7. Third-Party Websites
    1. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites to which the Lyte Website links, and that link to the Lyte Website. We do not have any control over those third-party websites, and are not responsible for their contents or their use. By linking to a third-party website, we do not represent or imply that we endorse such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. We disclaim any responsibility for any harm resulting from your use of any third-party website.
  8. Your Personal Information
    1. In order to use the Lyte Website or the Service, you may be required to provide information about yourself such as your name, and Payment Method information (“Personal Information”). You agree that any Personal Information you provide to us will always be accurate, correct and up to date. All Personal Information provided will be subject to the Lyte Privacy Policy.
  9. Indemnification
    1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Lyte, its affiliates and their respective directors, officers, employees and agents from and against any and losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of third party claims, actions, suits or proceedings related to (a) your use of the Lyte Website or the Service, (b) your breach of these Terms or (c) your violation of applicable laws or the rights of any third party.
  10. Modifications to Terms
    1. We may make changes to these Terms from time to time. We may post such modified Terms on the Lyte Website or communicate modifications by email or text messages. Your continued use of the Lyte Website or the Service following the posting or communication of such changes constitutes your acceptance of any such changes. If you do not agree with these Terms, or any modified versions thereof, you may not use the Lyte Website or the Service.
  11. Export Restrictions; Tax Laws
    1. The Service may be subject to export controls or restrictions by the United States or other countries or territories. You agree to comply with all applicable U.S. and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
    2. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your use of the Service, and that the reporting and payment of any such applicable taxes are your responsibility.
  12. Disclaimer of Warranties
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE LYTE WEBSITE AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    2. YOUR USE OF THE LYTE WEBSITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.
    3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE FURTHER EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE LYTE WEBSITE, THE SERVICE, ANY TICKETS, OR THE EVENT. WE ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR (1) EVENT CANCELLATIONS; (2) VENUE, DATE OR TIME CHANGES; (3) INVALID TICKETS OR ANY OTHER PROBLEMS WITH TICKETS; OR (4) THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY ORGANIZER OR PLANNER OF THE EVENT (“ORGANIZER”), TICKET SELLER, TICKET BUYER OR OTHER THIRD PARTY, BEFORE, DURING AND/OR AFTER THE EVENT. YOU ACKNOWLEDGE THAT WE HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF THE EVENT, OR THE TRUTH OR ACCURACY OF ANY REPRESENTATIONS MADE, OR ANY INFORMATION, DATA, IMAGES, GRAPHICS OR OTHER CONTENT DELIVERED BY, ORGANIZERS OR OTHER THIRD PARTIES. EXCEPT TO THE EXTENT WE ELECT TO ISSUE A REFUND IN ACCORDANCE WITH SECTION 1.4, WE WILL HAVE NO OBLIGATION TO ISSUE ANY REFUNDS OF THE PRICE PAID BY YOU TO US FOR A TICKET YOU PURCHASE USING THE SERVICE.
  13. Limitation of Liability
    1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE LYTE WEBSITE OR THE SERVICE, WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. IN THE EVENT THAT YOUR JURISDICTION DOES NOT ALLOW THE FOREGOING LIMITATION OF DAMAGES, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER ANY THEORY OF LIABILITY SHALL NOT EXCEED $50.
  14. General Legal Terms
    1. These Terms and the Lyte Privacy Policy constitute the whole legal agreement between you and us and govern your use of the Lyte Website and the Service, and completely replace any prior agreements between you and us in relation to the Lyte Website and the Service.
    2. You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
    3. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
    4. We may assign or transfer these Terms at any time. You may not assign or transfer these Terms, or any of your rights or obligations, without our prior written consent, which we can refuse in our sole discretion.
    5. These Terms and your relationship with us under these Terms shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and we agree to submit to the exclusive jurisdiction of the state and federal courts located within New York, New York to resolve any legal matter arising from these Terms. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
    6. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Lyte Website or the Service.