Thrillcall Terms of Service
Welcome to Thrillcall.com, an online event, content and social networking service. Thrillcall has created these Terms & Conditions for using our service in order to provide you with the best possible experience. We sincerely hope you enjoy your use of the Thrillcall site. Please understand that these rules help make it possible to offer Users these Services.
For purposes of these Terms of Service, the terms "Thrillcall", "Service", "Content", "Product", "Application" or the "Site" shall mean Thrillcall software (whether preinstalled, on a medium or offered by download), Thrillcall services, Thrillcall websites (including, without limitation, Thrilcall.com) and all other software, applications, features, tools, web sites and services, including, but not limited to, all text, images, and software (collectively referred to as the "Site" or "Thrillcall") provided by or through Thrillcall by 316 Ventures, Inc. and its related entities (collectively the "Company") and the Company's third-party vendors, contractors and suppliers.
Thrillcall reserves the right, at its sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of Thrillcall. You can find the most recent version of this Agreement at http://thrillcall.com/terms, with the date of last modification noted at the end. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the Thrillcall Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Service. Your continued use of the Site and/or Service following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: info@Thrillcall.com
Your Thrillcall Account
In order to use the Thrillcall, you must register as a member of the Site ("Member") and, by registering, you agree to be bound by these Terms & Conditions. To have the ability to access our website, applications, data and services, you must obtain access to the World Wide Web. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet. Once you complete the registration process with Thrillcall, you will receive an account designation or User Name and password that are associated with your new account.
You are solely responsible for maintaining the confidentiality of your account and password, and are fully accountable for all activities that occur under your account. You also agree to immediately notify Thrillcall of any unauthorized use of your account or any other breach of security. You agree to indemnify and hold harmless the Company for losses incurred by the Company or another party due to someone else using your account or password as a result of your failure to use reasonable care to keep your account information confidential or as a result of your failure to use reasonable care while using Thrillcall Site. Accounts are for personal, noncommercial use only. Although Thrillcall will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Thrillcall or others due to such unauthorized use. However, Thrillcall reserves the right to allow particular users to use the Site for commercial purposes pursuant to a separate written agreement.
Unless otherwise specified, Thrillcall grants you a non-exclusive, non-transferable, limited right to access, use and display this website and the material provided hereon, for your personal, noncommercial use, provided that you comply fully with the provisions of this Agreement. You agree that you shall only use the Site, and the content thereon or therein, in a manner that complies with all applicable laws in the jurisdictions in which you use the Thrillcall Site, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. You may not use Thrillcall while driving, operating hazardous equipment, or engaging in other forms of hazardous activities.
Except as specifically authorized herein, you may not: (i) permit other individuals to use the Content and Services; (ii) modify, translate, distribute or create derivative works of the Content or the Services; (iii) copy or redistribute the Content; (iv) rent, lease, transfer, or otherwise transfer rights to the Content or the Services; (v) remove any proprietary notices or labels on the Content or Service; (vi) add to, alter, delete from, or otherwise modify the Content, and (vii) use automated means, including spiders, robots, crawlers, data mining tools, or the like to sign on, use, or receive information through the Service or on the Site.
In consideration of your use of Thrillcall, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if Thrillcall has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, Thrillcall has the right to disable or terminate your account and refuse any and all current or future use of the site.
You must be 13 (thirteen) or older to register as a Member of Thrillcall. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 13 are not permitted to use this website.
Thrillcall does not knowingly collect, solicit or maintain personally identifiable information or non-personally identifiable information on its site from persons under 13 years of age, and no part of our site is directed to persons under 13. No one under age 13 is allowed to use the site or provide any personal information to or on our site. If you are under 13 years of age, then please do not send any information about yourself to us, or register for, use, or access the site at any time or in any manner. If you believe that we might have any information from or about a child under 13, please contact us at info@Thrillcall.com.
If you are between the age of 13 and 18, you must obtain permission from your parent or guardian to use Thrillcall, and you must have a parent assist in the completion of registration. In addition, if you are between the age of 13 and 18, you must affirm that you possess legal parental or guardian consent to use the Site and Service, and must affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in Thrillcall's terms of service, and to abide by and comply with Thrillcall's terms of service.
Terms & Conditions
Joining Thrillcall is free and you may continue to use this Service as long as you adhere to these Terms & Conditions.
Thrillcall's Intellectual Property Rights
All content (with the exception of Member Content, as defined below) of the Thrillcall Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2008 Thrillcall, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via third party Web sites or other networked computer environment) without the express prior written consent of Thrillcall and/or its suppliers, affiliates, or licensors. All rights reserved.
Thrillcall, Thrillcall.com, the Thrillcall tagline and the Thrillcall logo are, without limitation, trademarks, service marks or registered trademarks of Thrillcall, and may not be copied, imitated, or used, in whole or in part, without Thrillcall's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.
Thrillcall may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Service. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Member and Third Party Content
Thrillcall does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, profiles, messages, notes, text, information, music, video, advertisements, listings and other materials ("Member Content") you post, store, exchange or transmit or share with other users through the Thrillcall Site or Service; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not Thrillcall, are entirely responsible for all Member Content that you upload, post, email, transmit, publish, display or otherwise make available through the Site or Service. To the extent that Thrillcall provides you with an opportunity to post, store, transmit, share with other users or exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, Thrillcall, its contractors, and the users of the Thrillcall Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the Thrillcall Site or Service. This license grants Thrillcall the right to distribute it outside of Thrillcall's Site or Service via products or software such as on third party Web sites via embedded widgets.
You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the Company violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
You may only post Content to public areas on the Site that you created or which the owner of the Content has given you permission to post. You may not post or distribute Content to public areas on the Site that is illegal or that violates these Terms of Service. By posting or submitting Content to public areas of the Site Products, you represent and warrant that (i) you own all the rights to this Content or are authorized to use and distribute this Content to public areas of the Site and (ii) this Content does not and will not infringe any copyright or any other third-party right nor violate any applicable law or regulation.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Member Content posted by users and other non-Thrillcall contributors are generally not reviewed by Thrillcall. Accordingly, Thrillcall does not guarantee the accuracy, integrity or quality of such Member Content. Thrillcall will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that Thrillcall, in its sole discretion, deems to be (a) inconsistent with Thrillcall's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, Thrillcall has the right to remove any content if Thrillcall has reason to believe that displaying such content may infringe the rights of a third party or subject Thrillcall to expense or liability. Please notify us at info@Thrillcall.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.
The Site contains features and functionalities that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site. We are not responsible for any third party content you access with the Site, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Service, including the delivery of and payment for goods and services.
Thrillcall does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Third Party Content") obtained, stored, or exchanged from third party websites through the Thrillcall Site or Service; those third parties continue to retain all ownership rights in such Third Party Content. Third Party Content is the sole responsibility of the person or entity from which such Third Party Content originated.
Thrillcall reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit Thrillcall's response to a future complaint. You acknowledge and agree that Thrillcall will not assume or have any liability for any action or inaction by Thrillcall with respect to any Member Content.
Copyrights, Trademarks, Patents and Intellectual Property Rights on Member Content
You acknowledge that Member Content transmitted on or through the Thrillcall site and its applications may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Thrillcall respects copyright law and expects its users and members to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Service so long as you obtain permission first and the ownership and rights are clearly indicated. You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have the appropriate rights to the media or content you upload or present on Thrillcall. Thrillcall will not tolerate known infringements or misbehavior by its users. It is Thrillcall's policy to terminate the accounts of known repeat infringers. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may be an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by law or by the copyright holder.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant the Company, its parent, affiliates, subsidiaries, assigns, agents and licensees an irrevocable, perpetual, transferable, fully paid, worldwide right and license (with the right to sublicense) to use, copy, publicly perform, publicly display, promote, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The Company does not need to give you any further right to inspect or approve uses of such Content or to compensate you for any such uses. The Company owns all right, title and interest in any compilation, collective work or other derivative work created by the Company using or incorporating Content posted to public areas of the Site.
If you believe that your work, including music content, has been copied in a way that constitutes copyright infringement upon any copyright which you own or control, or your intellectual property rights have been otherwise violated, please send a written Notice to Thrillcall or its agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at info@Thrillcall.com, or Thrillcall c/o 316 Ventures 101 Second Street, Suite 1100, San Francisco, CA 94105.
Such written Notice shall include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identify and describe the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on the Thrillcall service that you claim is infringing, with enough detail so that we may locate it on the service including the URL, if applicable;
- 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 declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
Thrillcall or its agent will forward this information to the alleged infringer and take actions in accordance with the Digital Millennium Copyright Act.
You must use your User Name on a regular basis (e.g., log into a Thrillcall Product or Service) to keep your User Name and registration active. The Company may cancel the registration and User Name and delete any data of any registered user who the Company has determined in its sole discretion has not used such User Name for a period of ninety (90) days. If a User Name is canceled, the person who once accessed the Product through the cancelled user name will need to re-register for a Thrillcall Product and obtain a new User Name to gain access to registration-based features and tools. If the User Name that was previously used and which was canceled has not been taken by another registered user of Thrillcall or any affiliated service, you may re-register with your canceled User Name. You agree that Thrillcall has no responsibility or liability for the deletion or failure to store any data on such deactivated user name accounts.
Registered User Information
By registering with or using Thrill Products and Services, you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by the Company. Additionally, you agree that the Company may use the User Names, or other similar technologies, to authenticate you on Thrillcall, help store your registration, usage and transaction-related information, and enable you to take advantage of offerings from the Company and its affiliated providers.
Content Posted on or Transmitted through the Site
You understand and agree that Thrillcall may review and delete any content, reviews, photos or profiles (collectively, "Content") that in the sole judgment of Thrillcall violate this Agreement or which might be offensive, inappropriate, illegal, or that might violate the rights, harm, or threaten the safety of other Members. Thrillcall reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site.
- is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- seeks to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- displays pornographic or sexually explicit material;
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Standards of Conduct
We reserve the right to terminate an account when the user's expression infringes on Thrillcall's or other users' rights, including intellectual property and privacy rights. Loss of your account for any reason, including but not limited to violations of the Standards of Conduct, may result in the loss of products and services purchased by or for such account, without the right to recompense. We may also limit the conduct of users that users find objectionable. Without limitation, Thrillcall reserves the right to terminate your access to and use of the Site or Service if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the Thrillcall Site from time to time:
- You will not use Thrillcall for any activity that violates applicable federal, state, local or international law, or for any unlawful purpose.
- You will not encourage conduct that would constitute a criminal offense gives rise to civil liability.
- You will not use Thrillcall for any activity that constitutes harassment.
- You will not violate or infringe in any way upon the rights of others.
- You will not attempt to interfere with any other person's use of the Site or Service.
- You will not use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.
- You will not misrepresent their identity or impersonate any person, whether celebrities, political figures, cartoon characters, or otherwise.
- You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.
- Unless otherwise authorized, you will not hold yourself out as sponsored by, endorsed by, or affiliated with Thrillcall.
- You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service.
- You will not use the Site or Service for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.
- You will not use the Site or Service to collect or harvest personally identifiable information, including account names.
- You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.
- You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles that are invasive of privacy or publicity rights, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, profane, indecent, hateful, or racially, ethnically or otherwise objectionable.
- You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles that are harmful to minors in any way.
- You will not use the Site or Service for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- You will not attempt to gain unauthorized access to Thrillcall's database or other computer systems or to circumvent, disable or otherwise interfere with security-related features on the Site or features that prevent or restrict use or copying of any Member Content.
- You will not reformat or frame any portion of the Web pages that are part of the Site.
- You also may not undertake any conduct that, in the Company's judgment, restricts or inhibits any other user from using or enjoying the Thrillcall Products and Services, including without limitation the community areas.
- You will not use Thrillcall for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site or the Service.
- You will not use the Site or Service or any information contained within for commercial gain. However, Thrillcall reserves the right to allow particular users to use the Site or Service for commercial purposes pursuant to a separate written agreement.
Although Thrillcall cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Thrillcall reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Thrillcall deems appropriate in its sole discretion. You are solely responsible for your interactions with other Thrillcall Members. Thrillcall reserves the right, but has no obligation, to monitor disputes between you and other Members.
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. All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of Thrillcall.
No Duty to Monitor
The Company is not required to pre-screen Content available on the Site, Service, Products or Software including the content of any messaging that occurs on or through the Site, Service, Products or Software, although the Company reserves the right to do so in its sole discretion. The Company is not liable for Content that is provided by others. The Company reserves the right to remove Content that, in its sole judgment, does not meet its standards or does not comply with these Terms of Service, but the Company is not responsible for any failure or delay in removing such material. Users are solely responsible for their interactions with other users. The Company reserves the right, but shall have no obligation, to monitor disputes between users.
Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from Thrillcall. By ordering products or services from Thrillcall through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in Thrillcall's sole discretion so you should review the Terms of Sale each time you make a purchase.
Additional Terms and Conditions for other Services or Products
You agree and understand that certain Thrillcall Services, Products and features offered by or through Thrillcall (including services from the Company or Third Parties) may be subject to additional terms and conditions or registration requirements. You agree to abide by these additional terms and you further agree that a violation of those terms shall constitute a breach of these Terms of Service.
The Company has the right to cancel or terminate an individual's account, User Name, registration, Software License, delete a profile and any content or information that you have posted on the Site or through any Application and/or prohibit you from using or accessing the Service, Products, Subscription Services, Site or any Application or any portion, aspect or feature thereof, for any reason, or no reason, including, without limitation, if it, in its sole discretion, considers your use to be unacceptable or that you are under the age of 13, or in the event of any breach by you of the Terms of Service (either directly or through breach of any other terms and conditions or operating rules applicable to you). If there is speculation of misconduct or similar behaviors or should you breach this Agreement, Thrillcall shall have the right, at its sole discretion, to revoke your license to use the Service and suspend your right of access.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company will terminate, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The Company may, but shall be under no obligation to, provide you a warning or notice, whether written or unwritten, prior to termination of your use of the Thrillcall Site.
Modifications to Service
At any time and without prior notice, Thrillcall shall have the right, in its sole discretion, to modify, add or remove terms of these Terms & Conditions, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of the Site and/or the Thrillcall Services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that Thrillcall shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
Electronic Communication Policy
The Company, as an online business, transacts with its users electronically. You agree that the Company can send you electronic Notices in any of the following ways: (1) to the e-mail address that you provided to the Company during registration or (2) the Company may post Notices on an appropriate page of the Thrillcall or 3) or other reasonable means. You must give notice to Thrillcall in writing via email or as otherwise expressly provided by Thrillcall. Thrillcall may broadcast, distribute or display notices or messages on the Site or through the Service to inform you of changes to Thrillcall, the Site or Service, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.
You agree that certain premium services may also have their own Notice procedures. You must check your designated e-mail address regularly for Notices. You must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), a Windows-based operating system with an Internet browser or a Macintosh-based operating system with an Internet browser and Internet e-mail software in order to access electronic communications. Any telephone or other communications charges incurred by you to access Thrillcall are your responsibility. If you are accessing Thrillcall through a telephone line, please call your local phone company to determine if the access numbers you select are subject to long distance or other toll charges at your location. Also, your carrier, such as a wireless carrier, may charge service fees for alerts, text messaging (including receiving/ sending instant messages and e-mail), web browsing and other services that require the use of airtime and wireless data services. Check with your carrier to verify the fees that may apply to you.
You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link on the home page of Thrillcall.com or within the Thrillcall Service. The delivery of any Notice from the Company is effective when sent by the Company, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. Your only method of withdrawing consent to receive Notices electronically is to terminate any subscriptions, services or other products provided under these Terms of Service.
Privacy & Security
By registering with or using the Site you consent to the collection and use of your personal information and the transfer of this information to the United States or other countries for the processing and storage by the Company. Additionally, you agree that the Company may use the User Names, or other similar technologies, to authenticate you on the Site, help store your registration, usage and transaction-related information, and enable you to take advantage of offerings from the Company and its affiliated providers.
Thrillcall attempts to use industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the non-public information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your Content or personal information.
If there is a dispute between users or between users and any third party, you understand and agree that Thrillcall is under no obligation to become involved. In the event that you have such a dispute, you hereby release Thrillcall, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
This website contains links to Internet websites maintained by third parties. Thrillcall does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by Thrillcall and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.
The Site may contain links to other web sites, resources and advertisers. The Company is not responsible for the availability of these external sites nor does it endorse, or is it responsible for, the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such external sites. Under no circumstances shall the Company or any of the affiliated providers be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods or services available on such external sites. You should direct any concerns to such external sites' administrator or Webmaster.
Copyright, Trademarks and Proprietary Rights in Site Content; Limited License
All content included on the Site and available through any Service, including, but not limited to the Thrillcall tests, reports, text, graphics, logos, icons, video, information, applications, software, music, sound, images and other files and their selection and arrangement (the "Content") is the exclusive property of Thrillcall and other respective owners that have granted Thrillcall the right and license to use such property and is protected by United States and international copyright laws. All trademarks, service marks, and trade names are proprietary to Thrillcall or other respective owners that have granted Thrillcall the right and license to use such marks. The Thrillcall website contains copyrighted material, including, but not limited to: trademarks and other proprietary information, content, text, and graphics. Except as otherwise expressly permitted under copyright law, users may not copy, publish, redistribute, modify, transmit, frame, reproduce, republish, download, display, post transmit, sell, create derivative works, or in any way exploit the content or any portion of the Thrillcall website without the express written permission of the Company, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site.
The Company, its vendors and Thrillcall users who lawfully post content such as information, software, games, communications, photos, video, graphics, music, sound and other materials ("Content") on Thrillcall Products own the property rights to that Content. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by the Company or its vendors. You agree that you will not take any action to interfere with the Company's or its vendors' ownership of or rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content.
You may use Content available on the Thrillcall Products only for personal, non-commercial purposes. You may be given the opportunity to download certain Content such as music and photos, but you may do so only to the extent as authorized for that particular Content and only for your personal use. You may not use the Content in a manner that exceeds the rights granted for your use of the Content, which includes unauthorized copying or distribution of the Content or creating an unauthorized derivative work.
Disclaimers of Warranties
YOUR USE OF THE THRILLCALL PRODUCTS, SITE AND APPLICATIONS IS AT YOUR SOLE RISK. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITIATION, THE FEE-BASED PRODUCTS) ON THE SITE AND SOFTWARE ARE PROVIDED TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, THRILLCALL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OF ANY KIND OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NEED, SECURITY, PERFORMANCE OF THE SITE OR SERVICE, SATISFACTORY QUALITY, ACCURACY, RELIABILITY OR OTHERWISE OR OF NONINFRINGMENT UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
SPECIFICALLY, THE COMPANY AND ITS VENDORS DISCLAIM IMPLIED WARRANTIES. THE COMPANY PROVIDES THE SITE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE THRILLCALL SITE, SERVICE, PRODUCTS AND SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE THRILLCALL SITE, SERVICE, PRODUCTS AND SOFTWARE WILL BE UNINTERRUPTED. THE COMPANY DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO ACCESS OR USE THE SITE AT TIMES OR LOCATIONS OF THEIR CHOOSING, OR THAT THE COMPANY WILL HAVE ADEQUATE CAPACITY THRILLCALL SITE, SERVICE OR PRODUCTS AS A WHOLE, OR THAT DEFECTS IN THE THRILLCALL SITE, SERVICE, PRODUCTS AND SOFTWARE WILL BE CORRECTED.
THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE, PRODUCTS, AND/OR THE SERVICE AND/OR ANY APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE FROM OR THROUGH THE SERVICE AND ANY APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
TO THE FULLEST EXTENT PERMITTED BY LAW, THRILLCALL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR SERVICE, OR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, THRILLCALL DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICE OR SITE.
Neither Thrillcall, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. The Company does not control and is not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content a user may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service. The Company may reserve the right, but has absolutely no obligation to delete messages that we deem in our sole discretion to be offensive or disclose the identity of a user to another user, individual or entity, except if directed to do so by a court of competent jurisdiction.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (EVEN IF THRILLCALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), including but not limited to, damages for negligence, loss of profits, LOSS OF goodwill, use, WORK STOPPAGE, LOST data, COMPUTER FAILURE OR MALFUNCTION, or any other intangible losses (even if we have been advised of the possibility of such damages) OR COMMERICAL DAMAGES OR LOSSES arising out of, or resulting from, (a) the use or the inability to use thE site (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this site OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE or any website or websites linked to this website, (c) 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 this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); (f) ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH BLESS OR BURN PRODUCTS, SITE AND APPLICATIONS EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED; or (G) any other matter relating to this website. ON ACCOUNT OF THE USE OR MISUSE OF THE SITE, SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE OR SERVICE, FROM INABILITY TO USE THE SITE OR SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SERVICE. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SERVICE, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFFLINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING ANY PROVISION HEREIN TO THE CONTRARY, IN NO EVENT SHALL THRILLCALL'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) IF ANY, TO YOU SHALL BE LIMITED TO THE AMOUNT, IF ANY, PAID BY YOU TO THRILLCALL FOR SERVICES HEREUNDER. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE COMPANY ITS COPORATE PARENTS, INVESTORS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES AND CONSULTANTS REGARDLESS OF THE CAUSE OF ACTION.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE COMPANY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THRILLCALL PRODUCT OR SERVICE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. If you are dissatisfied with any portion of THE SITE, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website.
You agree to indemnify and hold Thrillcall, its subsidiaries, affiliates, officers, agents, successors, assigns, directors, agents, service providers, suppliers and other partners and employees, harmless from any dispute, loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from or in any way related to your use of the Site or Service, from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement. You agree to hold Thrillcall harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.
All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, shall be governed by and construed in accordance with the laws of the State of California. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms & Conditions, must be brought in the federal or state courts located in San Francisco CA, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing and signed by an authorized representative of Thrillcall.
Thrillcall will not be responsible or liable to you for any delay or failure to perform under this Agreement if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of Thrillcall.
Special Admonitions for International
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Thrillcall may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
Terms and Conditions For Purchase of Offers through the Thrillcall Mobile Application
You acknowledge and agree that Thrillcall may, in its sole discretion, modify, add or remove any portion of these Terms and Conditions and the Thrillcall Terms of Service at any time and in any manner, by posting revised Terms and Conditions and Terms of Service. You may not amend or modify these Terms of Service under any circumstances. It is your responsibility to check periodically for any changes. Your continued use of Thrillcall and the Thrillcall Mobile Application after any changes to the Terms and Conditions and Terms of Service means you accept any and all changes.
General Terms & Conditions
All Offers are promotional in nature and are issued by the participating merchant or vendor ("Vendor") through Thrillcall as a service provider. Thrillcall sells Offers for admittance to entertainment events on behalf of entertainment venues, promoters and other suppliers. We do not set the admittance prices or determine seating locations. The Vendor is the holder and issuer of the Offer and under no circumstances shall Thrillcall be deemed the holder, issuer or seller of the Offer. The law applicable to the Offer shall be the law of the state where the Vendor interaction with the Customer occurs. As the holder and issuer of the Offer, Vendor is solely responsible for the value and redemption of Offer and for any and all bodily injury, illness, damages, claims, liabilities and costs suffered by or relating to any Customer and the compliance with all laws, including, without limitation, unclaimed property and escheatment laws relating to the Offers. Each Customer hereby knowingly waives and releases Thrillcall and its affiliates and their respective officers, directors, employees, shareholders, agents and representatives, from any and all injuries, liabilities, damages, claims and rights of any nature whatsoever arising from any act or omission of the Vendor in connection with the Offer, the provision of the services and products relating to the Offer, and compliance by the Vendor with applicable law, including, without limitation, unclaimed property and escheatment laws. Thrillcall’s sole role is as a service provider for the Vendor, and the applicability and compliance with any relevant law relating to any Offer is solely determined by and complied by the Vendor.
Offers may be transferred, HOWEVER, NOTICE MUST BE PROVIDED TO AND WRITTEN APPROVAL MUST BE OBTAINED FROM THRILLCALL AND/OR THE VENDOR because of the need to show identification, proof of purchase and credit card utilized to purchase the Offer to gain admittance to an event, unless required by an applicable law. No resale of Offers is permitted unless such resale is permitted pursuant to applicable law. Offers are not redeemable for cash (in whole or in part) and have no cash value except as required by applicable law. If cash redemption is required by applicable law, the Customer will only be entitled to cash redemption based on the amount paid by the Customer to Thrillcall for the Offer, not the actual or retail cost from the Vendor. Offers may not be combined with any other offer, coupon, promotion or discount or certificate and must be used in a single visit to Vendor except as required by applicable law. Limit one Offer per person per visit or purchase. Neither Thrillcall nor Vendor is responsible for lost or stolen Offers. If you lose your Offer, go to the "My Account" section of the Thrillcall Mobile Application and print your receipt, email confirmation and confirmation number and forward it to Thrillcall. The Vendor will accept the first Offer presented with the unique number printed on the Offer. Treat your Offer as you would cash. Offers are subject to any limitations stated on the Offer or by the Vendor. The issuance of any credits for the Offers are at the discretion of Thrillcall and the Vendor except as required by applicable law. Offers may not be used for shipping or handling or other fees except as expressly provided on the Offer or as allowed by the Vendor and as permitted by applicable law. Unless otherwise stated on the Offer or disclosed in connection with the purchase of the Offer by Customer, the Offer price does not include sales, value added or use taxes, which may be charged to you separately. Any attempted redemption of an Offer in violation of these terms and conditions will render the Offer void.
All Offer prices for events that occur in the United States are stated in U.S. Dollars. Thrillcall accepts several methods of payment to accommodate your needs. If the event for which you an offer is located in the United States, Thrillcall accepts American Express, Visa and MasterCard. Since every venue has a set maximum capacity, Thrillcall can only sell a limited number of Offers per event. Therefore, Offers for popular events may sell out quickly. Additional Offers may become available up until the event date; however, Thrillcall does not control Offer inventory or availability, and is not responsible if you are unable to secure an Offer because an event has sold out.
Thrillcall does not control the number of tickets, number of Offers, capacity of a venue where an Offer event takes place. In the unlikely case where a Vendor sells more tickets than the capacity of the venue at which an Offer takes place, a Customer is denied entry to a venue or event that is the site of a purchased Offer because of capacity issues, the Customers sole method of recourse is to the Vendor and the Venue. Customer hereby agrees to release Thrillcall from any and all liability in such a situation. Please contact us immediately in the event of this occurrence.
Thrillcall does not control the artists, participants or performers at any event or involved with any Offer. In the event that the artists, participants or performers are changed or eliminated, a Customers sole recourse is to the Vendor or Venue. Customer hereby agrees to release Thrillcall from any and all liability in such a situation. Please contact us immediately in the event of this occurrence.
If you do not receive an order or confirmation number after completing your purchase, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Thrillcall whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. Thrillcall will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation or if you assume an order was placed but you failed to receive confirmation.
Refunds, Canceled and Postponed Events
Before purchasing Offers, carefully review your event and seat type or location. Once an order transacts, it cannot be canceled. All transactions are final (subject to the terms of the section below entitled "Prices and Other Errors").
The Offers allows Customers to purchase goods and services from the Vendor related to a specific live event. Live event Offers take place on a unique date, time and place. The ability to utilize the Offer is applicable to the specific live event stated as part of the Offer. Offers that are redeemable for specific Offered events, once the event date passes, shall have the Offer expire. After that time, except to the extent required by law or allowed by the Vendor, the Offer may be not be used for any other goods or services of the Vendor. Customer's acceptance and purchase of an Offer constitutes an acceptance of the redemption and a waiver of any claims associated with the Offer. The Offer may not be redeemed for products or services other than those specified on the Offer or as otherwise specifically permitted by this paragraph and may not be used to pay account balances or for products or services purchased from the Vendor prior to the purchase of the Offer.
Occasionally, events are canceled or postponed by the venue, team, artist, producer, or promoter that is organizing or presenting the event. Should this occur, we will use reasonable efforts to contact you to inform you of any refund or exchange procedures that may be available for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us. If you own an Offer for an event and a refund is issued by the venue, team, artist, producer, or promoter because the event was postponed or canceled, then Thrillcall may give you a refund that will be issued using the same method of payment that was used to purchase the Offers. If an event is canceled, please contact us for information about any applicable refunds. If the event was moved or rescheduled, the venue or promoter may set refund limitations. Contact us for exact instructions
Thrillcall does not issue exchanges or refunds after purchase has been made by a User. The venues, promoters and Offer suppliers who sell Offers through Thrillcall set the rules at their venues, and they maintain the right to turn away disruptive or late patrons and to enforce their own house policies. On rare occasions, events are cancelled or postponed by the venue or other entity for a variety of reasons. If the event is cancelled, please contact Thrillcall for information on receiving a refund. If the event was moved or rescheduled, the venue or other entity may set refund limitations. Contact Thrillcall for exact instructions. Thrillcall typically only offers refunds and/or exchanges based on the venue's, team's, artist's, producer's, or promoter's instructions. In order to receive a refund or an exchange that may be offered, you will have to comply with the venue's, team's, artist's, producer's, or promoter's instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the venue's, team's, artist's, producer's, or promoter's sole discretion. Thrillcall will not be liable for refunds or exchanges in the event that a venue, team, artist, producer, or promoter elects not to offer refunds or exchanges, nor will Thrillcall be liable for any travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
In the event that Thrillcall issues you a refund for an Offer, it will typically credit the refund to your account. If a refund is issued, it typically will be issued using the same method of payment that was used to purchase the Offers. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund. Please make sure to provide your username and detailed account information so we can efficiently address your questions and process any applicable refund to which you may be entitled.
Pricing and Other Errors
Thrillcall strives to provide accurate pricing information regarding the products and services available through Thrillcall website and the Thrillcall Mobile Application. We cannot, however, insure against pricing errors. Thrillcall reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, Thrillcall will notify you by email. In addition, Thrillcall reserves the right, at its sole discretion, to correct any error in the stated full retail price. If the amount you pay for a Offer is incorrect because (i) of an error in a price posted on this web site or otherwise communicated to you, (ii) you are able to order a Offer before its scheduled public offering, (iii) you are able to order a Offer that was not supposed to have been released for sale, or (iv) for any other reason, then Thrillcall will have the right to cancel that Offer (or the order for that Offer) and refund you the amount that you paid. These remedies will apply regardless of whether the error is attributable to human error or a transactional malfunction of this web site or other Thrillcall operated system.
Billing Information Verification
Orders are processed only after your billing address and other billing information have been verified. If you submit incorrect billing or credit card account information, that may delay or prevent processing and confirmation of your Offer purchase. In these cases, Thrillcall will use reasonable efforts to contact you, using the information provided at the time of purchase. If Thrillcall is unable to reach you after its initial attempt, Thrillcall may cancel your order.
After a completed purchase, a Customer will receive a confirmation via email to the email address that you provide to Thrillcall and through the mobile device. The confirmation will either be in the body of the email, PDF or available via a web link in the email that we send to you. The confirmation of a Customer purchase will be on record on a list maintained by the venue. A Customer will need to check in at the box office or at the venue entrance. You must present a valid photo ID, the credit card used to purchase the Offer and purchase confirmation number at the box office window in order to confirm your purchase of an Offer and gain admittance.
Limitation of Liability
Thrillcall is not responsible for the conditions at the venues where the events take place, or for the actions of the event promoters, the owners of the venue, or any participants or spectators at the events. Despite spectator shielding, injury can occur. Stay alert at all times before, during and after any event that you attend. If you are injured at an event, immediately ask an usher for directions to a medical station. By purchasing a Offer through Thrillcall, you agree to the terms of this Purchase Policy on behalf of yourself and any accompanying minor and you agree that you assume all risks incidental to the event for which a Offer is issued, whether before, during or after the event. To the fullest extent permissible under applicable law, Thrillcall disclaims all liability for conditions at the venues where the events take place, and for the actions of the event promoters, the owners of the venue, or any participants or spectators at the events, and you expressly waive any and all claims you might have against Thrillcall that arise from such conditions or actions.
License; Ejection and Cancellation; No Redemption Value
Venues and event promoters reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with venue or event promoter rules. Breach of rules will terminate your license to attend the event, and you will not be eligible to receive a refund. An Offer is a revocable license and admission may be refused upon refunding the Offer's face amount. An Offer is not redeemable for cash.
Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You grant permission to utilize your image, likeness, actions and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) in any medium or context without further authorization or compensation.
You Are Subject to Search
You and your belongings may be searched on entry to the event to which your Offer provides admittance. You consent to such searches and waive any related claims that may arise from such searches. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain venue rules, certain items may not be brought into the venue, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
Certain Offers may take place at venues that serve alcoholic beverages. You must be at least 21 years of age to purchase alcoholic beverages or Offers that include access to or discounts for alcoholic beverages. In addition, certain Offers take place in venues that require that have minimum age requirements for entry. A Customer is subject to a venue’s age limits and will be denied entry if the Customer does not meet those age limits. All Customers agree that they retain the sole responsibility for meeting any age restrictions and hereby release Thrillcall, the Vendor and all their representatives from any liability or refund if a Customer does not meet applicable age restrictions except as required by law.
This Agreement constitutes the complete and entire agreement between Thrillcall and you and governs your use of the Site or Service, superseding all prior and contemporaneous agreements of the parties relating to the subject matter hereof. This Agreement will be governed by the laws of the State of California, without giving effect to its conflict of law's provisions. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and the Company or any of our affiliates. You expressly agree that the exclusive jurisdiction for any claim or dispute under the Terms of Service and or your use of the Site and/or the Service resides in the courts located in the State of California, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. The foregoing provision may not apply to you depending on the laws of your jurisdiction. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last Updated April 10, 2013