Last Updated: November 18, 2024

1. Introduction and Acceptance

Welcome to PixSeat LLC (“PixSeat,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of the PixSeat mobile application (the “App”), including any features, content, and services offered through the App and the supporting website.

By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App. These Terms constitute a legally binding agreement between you and PixSeat LLC, a Tennessee corporation.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via the App or email. Your continued use of the App following the posting of revised Terms means you accept and agree to the changes.

3. App Purpose and Services

The App provides group party and large venue fan engagement services, including but not limited to:

  • Fan interaction features
  • Group engagement tools
  • Venue-specific functionalities
  • Event participation features

4. App Store Terms

4.1 Platform Compliance

This App is distributed through the Apple App Store and Google Play Store. By using the App, you acknowledge and agree:

  • To Apple’s App Store Terms of Service and Google Play Terms of Service
  • That these Terms are between you and PixSeat LLC, not with Apple or Google
  • That Apple and Google are not responsible for the App or its content
  • To comply with all applicable third-party terms of agreement when using the App

4.2 Payment Terms

For any in-app purchases:

  • All payments will be processed through the respective app store payment systems
  • Prices are subject to change upon reasonable notice
  • Refunds are handled through the respective app store’s refund policy
  • Virtual items or currency, if offered, have no real-world value and cannot be exchanged for cash

5. User Accounts and Registration

5.1 Prohibited Activities

You agree not to:

  • Violate any applicable laws or regulations
  • Infringe upon intellectual property rights
  • Upload or transmit malicious code
  • Interfere with or disrupt the App or servers
  • Create multiple accounts for abusive purposes
  • Harass, threaten, or harm others
  • Share inappropriate or offensive content
  • Use the App for unauthorized commercial purposes

5.2 Venue and Event Rules

Users must:

  • Comply with all venue-specific rules and regulations
  • Follow event organizer guidelines
  • Respect other users’ privacy and experience
  • Use the App appropriately during events

5.3 Age Restrictions

  • You must be at least 13 years old to use the App
  • If you are under 18, you must have parental consent
  • We comply with the Children’s Online Privacy Protection Act (COPPA)

6. User Conduct

6.1 Content Guidelines

Users must not post content that:

  • Is illegal, fraudulent, or deceptive
  • Infringes on intellectual property rights
  • Contains hate speech or discriminatory content
  • Is sexually explicit or pornographic
  • Promotes violence or dangerous activities
  • Contains malware or viruses
  • Impersonates others

6.2 Content Moderation

  • We reserve the right to moderate all user-generated content
  • Users can report inappropriate content through the App
  • We may remove content that violates these Terms
  • Repeated violations may result in account termination

7. Data Collection and Privacy

7.1 Data Usage

  • We collect and use data as described in our Privacy Policy
  • Users can request data deletion through the App
  • We comply with app store privacy requirements
  • Users can opt out of certain data collection

7.2 Third-Party Services

  • The App may use third-party services
  • These services have their own privacy policies
  • Users should review all applicable privacy policies

8. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. PIXSEAT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PIXSEAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE APP.

10. Indemnification

You agree to indemnify and hold harmless PixSeat LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses arising from your use of the App or violation of these Terms.

11. Termination

We reserve the right to suspend or terminate your access to the App at any time for any reason, including violation of these Terms.

12. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in Maury County, Tennessee, and you hereby consent to the personal jurisdiction of such courts.

13. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14. Contact Information

For questions about these Terms, please contact PixSeat LLC at: [Contact Information]

15. Entire Agreement

These Terms constitute the entire agreement between you and PixSeat LLC regarding the use of the App, superseding any prior agreements between you and PixSeat LLC.

16. Platform-Specific Terms

16.1 Apple App Store

If you downloaded the App from the Apple App Store:

  • These Terms are between you and PixSeat LLC only
  • The App license is limited to Apple devices you own or control
  • Apple has no maintenance or support obligations
  • Apple is not responsible for addressing any claims
  • Apple is a third-party beneficiary of these Terms

16.2 Google Play Store

If you downloaded the App from the Google Play Store:

  • You agree to comply with Google Play Developer Distribution Agreement
  • Google’s payment terms apply to all transactions
  • Google may be a third-party beneficiary of these Terms

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