PRIVACY POLICY
Last Updated: June 1, 2018

Welcome to the ShooWin privacy policy ("Privacy Policy"), which applies to this Site ("Site"). This Privacy Policy exists to inform you about the type of information we may collect, how we collect it, with whom we may share it, and other matters related to such information. ShooWin, Inc. ("Shoowin," "we," "our," or "us") operates this Website and your use of this Website is governed in a separate User Agreement, available at www.shoowin.com/terms-of-use, which is incorporated herein by reference.

This Privacy Policy is effective as of June 1, 2018. We reserve the right, in our sole discretion, to modify, alter or otherwise update this policy at any time, and you agree to be bound by such modifications, alterations or updates. We will notify you of material changes to this Privacy Policy by posting the revised policy with the date it was revised on this page. Your continued use of our Website constitutes your agreement to this Privacy Policy and any updates. We encourage you to periodically review this Privacy Policy to stay informed about how we are using the information we collect through the Site.

We own the information collected via the Website and we may use it for our own purposes, including marketing. Please note that this Privacy Policy applies only to information collected on the http://www.shoowin.com/ website and any other website, mobile Internet site or mobile application operated by ShooWin; or to third-party websites and mobile applications that may be linked to on the Website.

When this Privacy Policy uses the term "personally identifiable information" or "PII" it means information that identifies a particular individual, such as by way of example and not limitation a full name, street address or email address. When other information, such as by way of example and not limitation, a favorite sporting team, is associated with personally identifiable information, such information is also deemed to be personally identifiable information for the purposes of this Privacy Policy.

1. TYPES OF INFORMATION THAT MAY BE COLLECTED

We may collect the following types of information:

  • Email Communications: If your computer supports read receipts or similar technology, when you open emails from us, we may receive a confirmation notifying us that you opened the email. We also may keep track of what emails we send you and what emails you may be receiving from our subsidiaries and affiliates. Additionally, we keep a record of what communications you have selected to receive or not to receive. In the event that you no longer wish to receive a particular type of marketing email, click on the "unsubscribe" link in the email and follow the instructions.
  • Information from Other Sources:We may seek additional information about you from other sources and append it to your personally identifiable information (e.g., completing a missing street number from your address).
  • User Provided Information: In the course of using the Website, you may provide us with certain information, which may be at our request, including contact information, such as your name, mailing address, email address, phone number, or fax number; unique identifiers, such as your user ID, or user password; demographic information, such as your date of birth or age; and financial information, such as your credit card number or similar information.
  • Website Usage InformationWe may receive and store certain types of internet usage information whenever you visit the Website, such as your click-stream data and your IP address. See the "How Information May Be Collected" section below.

2. METHODS THAT MAY BE USED TO COLLECT INFORMATION

Information may be collected about you or from you in all parts of and all aspects of the Website, including but not limited to the following:

  • Contests or Sweepstakes: There may be contests or sweepstakes operated through the Website that may require registration or the submission of personally identifiable information.
  • Games:If games are available on the Website, you may be asked to provide personally identifiable information as part of registering to play such games or at other times while playing such games.
  • IP Addresses and Click-Stream Data: We may collect IP addresses and/or click-stream data. IP addresses are numbers associated with access to the Internet, and may identify your ISP (Internet service provider), company, or university, as applicable. At times, we may use IP addresses for purposes of system administration and to report aggregate information to our advertisers and sponsors, for example regarding the frequency with which our users visit various parts of the Website. We may combine this information with personally identifiable information we obtain from you directly on the Website or any other of our other websites, or from third parties. Click-stream data is information collected by our computers when you request pages from the Website. Click-stream data may include such information as the page served, the time, the source of the request, the type of browser making the request, the preceding page view and other such information.
  • Registration: As part of using part of or all of the Website, including Real Fan ™ verification services, you may be asked to complete a registration form and provide personally identifiable information; you may also be asked to choose a user ID and password in order to take advantage of certain features that may be offered on the Website. Your decision to register is voluntary and you will have the opportunity to decide whether to disclose information to us and what communications you would like to receive. Certain services, products and parts of the Website may be unavailable in the event that you elect not to provide such information.
  • Surveys or Voting:Personally identifiable information may be requested from you in conjunction with a survey or voting poll, your participation in which is voluntary.
  • Transaction Information: If you conduct a financial or other transaction with the Website we may ask you to complete an order form that will request certain information from you, including contact information, demographic information and/or financial information. In some instances, we may direct you to a third party vendor site to collect this information from you directly. Even though the collection form may have the look and feel of the Website, please be aware you will be giving your information directly to the third party vendor, and that in some instances such third party vendor's privacy policy will govern the collection of your personally identifiable information. Please reference the privacy policies available from these pages for any privacy related concerns. We and/or our vendor will use this information to complete the financial or other transaction that you have requested and in a manner consistent with this Privacy Policy.
  • Collection of Personally Identifiable Information From Social Media Sites:When you interact with any ShooWin page or account on a social media platform, we may collect the personally identifiable information that you make available to us on that page, including your account ID or username. If you choose to log in to your ShooWin account with or through a social networking service, ShooWin and that service may share certain information about you and your activities. With your permission, we also may share information about your activities, including what you view on the Website, with that social network's users.
  • Collection of Your Location Information.You may send us information which may disclose the general location of your device at the time you access the Website. Advertisements and certain content may be directed to you as a result of the collection of this data. In addition, in some cases the Website can deliver content based on your specific location if you choose to enable that feature.

3. USE OF COOKIES, WEB BEACONS AND OTHER TECHNOLOGIES

Like many websites, we use "cookies", which are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences and actions. We use cookies to track use of our Website and exposure to our online advertisements.

We may also use cookies to monitor traffic, improve the Website, and make it easier to use and more relevant. Most web browsers automatically accept cookies but, if you prefer, you can usually modify your browser setting to disable or reject cookies. If you delete your cookies or if you set your browser to decline cookies, some features of the Website may not work or may not work as designed. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

We may also use web beacons or other technologies. A web beacon (also known as "action tags", "tracer tags", or "single-pixel gifs") is an invisible graphic on a web page that is programmed to collect non-PII about your use of a given website. We do not share or provide PII we may collect through such web beacons, such as names, e-mail addresses and phone numbers without your express permission. We may also use locally stored objects to store data about your use of our Website. Locally stored objects are a feature that permits websites to store data on your computer but not in a cookie.

We may partner with third-party advertising companies who may utilize cookies, web beacons or other technologies to provide advertisements about our goods and services that may be of interest to you or to serve advertisements on our Website. These third parties may use these technologies to collect information about you when you use the Website. They may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. They may use persistent identifiers to anonymously track your Internet usage across other websites in their networks beyond the Website. Such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. For information about how we share your personal information with service providers, please see "Sharing of the Information" section below.

To learn more about the use of this information or to choose not to have this information used by our third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp.

Some content or applications, including advertisements, on the Website are served by unaffiliated third parties. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

Your browser or device may include "Do Not Track" functionality. ShooWin's information collection and disclosure practices, and the choices that we provide to customers, will continue to operate as described in this Privacy Policy, whether or not a Do Not Track signal is received.

4. USE OF THE INFORMATION COLLECTED

We own the information collected on or through the Website. As applicable, the information you provide to us or is collected on or through the Website may be used to:

  • confirm or fulfill an order you have made;
  • contact you about the Website;
  • contact you relating to your membership, Real Fan™ or registration status;
  • customize the advertising and content you see;
  • inform you of a prize you may have won;
  • monitor compliance with our terms and conditions of use of the Website;
  • monitor or improve the use of the Website;
  • provide you with services or information that you have requested or products or services that you have ordered, such as subscription plans or other products and services; and/or
  • send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties, including without limitation entities for which we host forward markets or any other third-party vendors related to ShooWin, as discussed in more detail below.

5. SHARING OF THE INFORMATION

At times, as described below, we may share your personally identifiable information with others for various purposes:

  • Administrative or Legal Process: We or others may disclose your personally identifiable information to third parties without notice to you in order to comply with applicable law, law enforcement agencies, to protect our or third parties' rights, or to protect the rights of other users of the Website.
  • Affiliates, Leagues, Teams, Collegiate Institutions, and other Inventory Rights Holders: We may share your information (including, without limitation, personally identifiable information) with other entities related to ShooWin, including, without limitation, our subsidiaries and affiliates, and any entities for which we host forward markets or any other third-party vendors related to ShooWin (each of whom has its own privacy policy, which is available on each party's respective website).
  • Agents:We employ other businesses, certain services and individuals to perform functions on our behalf, for example, website analysis, marketing assistance, processing credit card payments, and customer service. Such third parties may have access to personally identifiable information needed to perform their functions.
  • Aggregate Information: Aggregate information, such as demographics and Website usage statistics, may be shared with third parties including advertisers, sponsors or other organizations.
  • Business Transfers: In the event that all or substantially all of our assets are sold or transferred to another party, or another transaction occurs in which your personally identifiable information is one of the business assets transferred, all personally identifiable information that has been collected may be one of the sold or transferred assets. You will be notified of such a transfer in the same manner as you will be notified of changes to this Privacy Policy, set forth above.
  • E-mail Deployment: We may share email activity data with third parties in order to target email deployments sent on our behalf and such third party's other clients. If you wish to opt out of this sharing, please opt-out of receiving emails from us by clicking on the "unsubscribe" link in the email and following the instructions.
  • Products or Services Offered in Partnership with Third-Party(s):Certain products and/or services available on the Website may be provided to you in association with third party(s) and may require you to disclose personally identifiable information in order to register for and access such products and/or services. Such products and/or services will identify the third party at the point of registration. If you elect to register for such products and/or services your personally identifiable information will be transferred to such third party(s) and will be subject to the privacy policy and practices of such third party(s). We are not responsible for the privacy practices and policies of such third party(s) and, therefore, you should review the privacy practices and policies of such third party(s) prior to providing your personally identifiable information in connection with such products and/or services.

6. A NOTE TO PARENTS REGARDING PRIVACY

The Website is a general audience website. On the Website, we do not currently knowingly collect any personally identifiable information from children under the age of thirteen or currently knowingly target or solicit users under the age of thirteen.

7. REVISING PERSONALLY IDENTIFIABLE INFORMATION

If your personally identifiable information changes (such as your email address or zip code), or if you no longer want to have access to the Website, we will endeavor to provide a way to correct, update or remove the personal data you have provided to us. You may request that we do so by emailing us at [info@shoowin.com], signing into your online account and making the desired changes.

8. YOUR CALIFORNIA PRIVACY RIGHTS

California law permits users who are California residents to request certain information regarding ShooWin's disclosure of their PII to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@shoowin.com, specifying that you seek your "California Customer Choice Notice." Please allow thirty days for a response.

9. SECURITY

The Website incorporates reasonable safeguards to protect the security and privacy of the personally identifiable information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Our security policies are reviewed periodically and revised as required.

10. DATA RETENTION

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and otherwise in accordance with this Privacy Policy. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at info@shoowin.com.

11. FORUMS, COMMENTING AND MESSAGE BOARDS

The Website may make forums, commenting and message boards available to you and other users. You are not required to provide any personally identifiable information when using such functions or areas of the Website but you may choose to do so. If you post personally identifiable information online, it will be publicly available and you may receive unsolicited messages from third parties. By using the commenting features of the Website, you acknowledge that your user name and location information will be disclosed. We cannot ensure the security of any information you choose to make public in a forum, comment or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose any information, especially personally identifiable information, in these areas. To request removal of your personally identifiable information from our forum, comment, or message board, contact us at info@shoowin.com. In some cases, we may not be able to remove your personally identifiable information from such forum, comment, or message board.

12. LINKS TO OTHER WEBSITES

You should be aware that when you are on the Website you could be directed to other websites beyond our control. For example, if you "click" on a link or advertisement, you may be directed to a different website. This includes links from advertisers, sponsors and marketing partners that may use the Website's logo as part of a co-branding agreement. These other websites may send their own cookies to you, independently collect data or solicit personally identifiable information and may or may not have their own published privacy policies. If you visit a website that is linked to the Website, you should consult that website's privacy policy before providing any personally identifiable information.

13. GOVERNING LAW

These Sites are published in the United States. Our Sites are located and directed to individuals located in United States and our policies are directed at compliance with those laws. If you voluntarily submit information to us, you consent to the use of such information as provided in this Privacy Policy and to the transfer and storage of that information in the United States. If you are uncertain whether this Privacy Policy conflicts with the applicable local privacy laws where you are located, you should not submit your personally identifiable information to ShooWin.

14. QUESTIONS ABOUT THIS PRIVACY POLICY

If you have any questions about this Privacy Policy or the privacy practices of this Website, please contact us by email at info@shoowin.com.

ShooWin User Agreement

ShooWin, Inc. ("ShooWin") IS PLEASED TO OFFER YOU ACCESS TO OUR SERVICES ON THE FOLLOWING TERMS:

In using our services or making purchases from ShooWin, you agree to the terms and conditions of both this User Agreement and the terms contained in our Privacy Policy. To the extent the ShooWin User Agreement contains any terms or conditions which are in addition to, different from or inconsistent with terms contained on our website, these terms and conditions contained in the ShooWin User Agreement shall control.

This ShooWin User Agreement describes the terms and conditions governing your use of our services and for any purchases you make from ShooWin available under the domain www.shoowin.com (the "Services" or "Products"). These terms and conditions apply to all users of this website (the "Site"). By completing the registration process and clicking the "I AGREE" button at the end of it, you acknowledge your acceptance of the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the Services or Products since use of the Site constitutes acceptance of these terms. Before attempting to use our system, please refer to our FAQ which explain how to register your account, how to use Real Fan ™ verification, how to buy, sell and place bids on forward markets hosted by ShooWin (which are described below and sometimes called "Listings"), and other important features of our marketplace. We urge you to read this ShooWin User Agreement, which includes our Privacy Policy and which is incorporated by reference. YOU SHOULD BE AWARE THAT THIS AGREEMENT CONTAINS DISCLAIMERS AND LIMITATIONS OF WARRANTY IN SECTIONS 17 AND 19, AND IS SUBJECT TO THE ARBITRATION CLAUSE IN SECTION 26. You should also access and read the information contained in the other pages of the Site, as they may contain additional terms and conditions that apply to you as a User.

1. Introduction to ShooWin Forward Markets.

Before considering the legal terms in the sections below, we wish to tell you about our marketplace. ShooWin provides a platform where members who satisfy Real Fan verification can purchase and sell Reservations for an Event. The rights to attend the Event represented by Reservations and other instruments are granted by the underlying Rights holders who are responsible for providing the tickets to Events. We simply provide an independent marketplace where interested Real Fan ™ buyers and sellers can meet to transact at prices established by them in a fair and open market. We are not responsible for matters outside our reasonable control including, without limitation, cancellation, postponement or interruption of the Event, unauthorized use of a credit card, or credit card fraud, or the personal safety of fans or audiences attending the Event. A Reservation is an instrument which: (i) gives the holder the right to purchase a ticket to the Event, the occurrence of which may be known or is contingent upon one or more factors and (ii) obligates the holder to purchase the ticket if the Event is scheduled to occur. The price of a Reservation is separate from and in addition to the price a holder will have to pay for the underlying ticket if the Event is scheduled to occur. If the Event does not occur, the holder will not be entitled to a refund of the Reservation price.

2. User Eligibility.

The ShooWin marketplace is available only to individuals who satisfy Real Fan ™ verification {and are 18 years of age or older or who have reached the age of majority to form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors or to suspended or terminated users. If you do not qualify, please do not use the Services.

3. Transaction Fees and Listings.

You can view our listings of available Reservations free of charge without registering. In order to buy, sell, or bid on any of our Reservations, or submit user submissions, you must register with ShooWin and satisfy Real Fan ™ verification. The buyer and seller of a Reservation on our system (respectively "Buyer" and "Seller") each pay a transaction fee. Please see our faq section to view the fees for each market. The transaction fee paid by the Seller is deducted from the proceeds of sale. The transaction fee paid by the Buyer is added to the cost of the transaction and is clearly stated before the transaction takes place. When you place an order you have an opportunity to review and accept the transaction price and fee that you will be charged in the event of a transaction. We may in our sole discretion change, remove or suspend some or all of our Reservation listings or Services and the fees we charge at any time. In the event we introduce a new Reservation listing or Service, these fees are applicable (unless specifically stated otherwise) for that Reservation or Service and are effective at its launch. Unless otherwise stated, all fees for transactions are quoted in US Dollars. You are responsible for paying all fees associated with using our service and the Site and any applicable taxes.

4. The Role of ShooWin.

ShooWin Marketplace. The ShooWin Marketplace, through its electronic registration of Reservations offered on our marketplace, stands responsible for the authenticity of Reservations registered on the ShooWin Marketplace. Where delivery of a Reservation Listing is refused, prevented, hindered, delayed or otherwise made impractical beyond ShooWin's reasonable control and such occurrence cannot be overcome by reasonable diligence and without unusual expense, ShooWin shall be excused from delivery and have the right, but not the obligation, to compensate the Reservation holder at the close of the market with a payment equal to 125% of the average trading price of the last ten trades immediately prior to the market closing for that Reservation marketplace. Notwithstanding the foregoing, in no event shall ShooWin refund a user less than what they paid for the Reservation should delivery of the tickets not occur. {This section needs to be modified after confirming with client ticket delivery responsibility, etc., for forward markets hosted on the Site.}

5. Grant of License.

You grant ShooWin a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the Sites of our partners and affiliated companies, any content you may provide to ShooWin in connection with your use of ShooWin services. You agree that ShooWin shall be permitted to use your name or user ID, home city and other ancillary information (for example, the number of years you have been a ShooWin user) in connection with the content in conjunction with ShooWin's marketing, promotion and publicity efforts in any media known now or in the future. ShooWin is permitted to publish and display your transaction information on the Site and to provide any of the information you furnish us to third parties for marketing or promotional purposes in accordance with our Privacy Policy.

6. Release.

As discussed above, ShooWin acts as a marketplace only to allow Real Fan &trade Buyers and Sellers to interact regarding listings of Reservations. The submission and confirmation of orders are transactions between Buyers and Sellers only. If you have a dispute with one or more parties or registered users, you release ShooWin and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.

IN NO EVENT SHALL SHOOWIN BE LIABLE FOR EVENT CANCELLATIONS, POSTPONEMENTS OR INTERRUPTIONS, FOR UNAUTHORIZED USE OF A CREDIT CARD OR CREDIT CARD FRAUD, FOR THE PERSONAL SAFETY OF FANS OR AUDIENCES ATTENDING AN EVENT OR FOR OTHER MATTERS OUTSIDE OUR CONTROL.

7. Making a Bid and Buying.

There are two methods of purchasing a Reservation, either buying it outright at its offered price or making a bid. In either case, you agree to be bound by the terms and conditions in this Agreement. Since all prices for Reservations are quoted in US Dollars, foreign purchasers bear the risk of currency fluctuation between the date of your purchase and the date your charges are converted to your home currency in accordance with the policy of your credit card company.

Buying Outright. Prior to executing a final purchase you will be asked to confirm your intent to purchase. Upon confirmation of a purchase, ShooWin will charge the Buyer's account or credit card for the sale price of the Reservation, transaction fee and any taxes. Such confirmed purchase shall be final and cannot be cancelled.

Bid. Bids are final and may not be retracted unless you follow and otherwise comply with the instructions on the Site under faq to cancel or modify (if applicable) a bid. Before purchasing a Reservation by making a bid, you will need to fund your account using a major credit card with sufficient funds to cover your bid should it transact. Subject to our withdrawal policy, you may withdraw such amounts at any time after you withdraw your bid (if not already matched) in accordance with the instructions on the Site under faq. When you post a bid that is later matched with an offer-to-sell, the purchase will occur at the time of matching, and the bidder's account will be charged at that time. Although you will be asked to confirm your bid when it is placed, no separate confirmation will be sought when your bid is matched. You acknowledge that if your bid is accepted, you will be required to pay the price for the Reservation and related transaction fees as posted in the marketplace.

If you fail to pay any amounts owed under this Agreement, you agree to reimburse ShooWin for any collection costs incurred in collecting such amounts.

8. Making an Offer and Selling.

If you post a Reservation on our marketplace and receive at least one bid or offer to purchase your Reservation at or above your posted offer-to-sell price, the transaction with that bidder will happen immediately upon matching with the bid or offer to purchase; you may not withdraw your Listing after the transaction occurs. Your account on the ShooWin Site will be credited with the sale price of the item, less the transaction fee and any taxes. At any time you may make a permitted withdrawal of any available balance in your account on the ShooWin Site. Withdrawals are typically processed within 20 days from the date of your request.

9. Account Registration and Security.

You understand that you may need to create an account to have access to parts of the Site. In consideration of your use of the Site, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If we suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all use of the Site. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.

10. Products and Specifications.

Details of the products and services available for purchase are set out on the Site. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and may vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. ShooWin may also make available on the Site the opportunity to purchase products and services offered by third-party vendors; purchases of any such products or services are subject to these terms and conditions and may also be subject to additional terms and conditions required separately by the third-party vendors.

11. Charges.

For all charges for any products or services sold on the Site, we will bill your credit card or alternative payment method offered by us. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse ShooWin for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services needed for use of this Site and any and all fees charged to you by your financial institution related to the charges. Payment obligations are non-cancelable and fees paid are non-refundable. ShooWin may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You must provide us with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.

12. Shipping Limitations.

The order will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. Risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. ShooWin does not guarantee any particular delivery date and is not responsible for any delays. Users should endeavor to provide an address for delivery of tickets to Events that are located within the United States; ShooWin cannot guarantee timely delivery of tickets to Events to addresses outside of the United States.

13. Termination of Privileges.

Without limiting any other remedies, ShooWin may suspend or terminate your User privileges or deny you access if we suspect that: you have engaged in fraudulent, deceptive or dishonest activity in connection with the Sites; you have manipulated or attempted to manipulate the price of any Reservation; you have entered into any transaction on the system that has been directly or indirectly prearranged; you have directed or requested another user to alter the price of a Reservation, bid or offer-to-sell; or you have used the Site for any unlawful purpose. ShooWin may report to law enforcement authorities any activity that we suspect violates any law, rule or regulation.

14. Prohibited Activities.

Offline Transactions. You agree not to use the Site to (a) contact other ShooWin users, (b) invite contact with other ShooWin users, (c) solicit sales outside of ShooWin, or (d) initiate or engage in transactions (either purchases or sales) outside of the ShooWin Site. ShooWin is not responsible for any damages or lost profits that result from ShooWin users directly contacting other ShooWin users or for any damages or lost profits resulting from transactions conducted outside of ShooWin, including transactions that originate at the ShooWin Site and are taken offline.

Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any ShooWin employee or customer.

Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Sites, directly or indirectly, and you agree not to use any names or other information found on or via the Site to do so.

Illegal Activity. You agree not to use the Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site and the purchase of the Reservations. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including ShooWin or Rights holder copyrights and trademarks, and/or link to the Site without ShooWin's prior written permission.

Stolen Property. The sale of stolen property on the ShooWin Site is strictly forbidden, and violates state, federal and international law. ShooWin strongly supports law enforcement efforts to recover stolen property that is listed on the Site, and urges the prosecution of those responsible for knowingly attempting to sell such items on the ShooWin Site. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.

Other. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior explicit written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the system or any activities conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree information you provide us will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. Information on the Site is updated on a real time basis and is proprietary or is licensed to ShooWin. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from the Site without the prior explicit written permission of ShooWin.

15. Breach.

Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your account, stored payment methods, or executed transactions.

Disclosure of Information. You agree that ShooWin may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. ShooWin will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Warnings, Suspension, Termination and Denial of Access. Without limiting other remedies, we may immediately issue a warning, temporarily suspend or terminate your User rights, deny access and refuse to provide the Services to you if: (a) you breach this Agreement or the documents incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) your credit card charging privileges are revoked or charges are refused for any reason; or (d) we believe that your actions may cause financial loss or legal liability for you, us, our Users or any other person.

16. Privacy.

See Privacy Policy which, except as otherwise set forth in this ShooWin User Agreement, contains terms and conditions applicable to the use of the Site.

17. Disclaimer of Warranties.

SHOOWIN AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS PROVIDE THE SOFTWARE, SITE AND SERVICES ON AN "AS IS" AND "AS APPLICABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. SHOOWIN AND ITS SUBSIDIARIES, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

Change or Suspension of Site. ShooWin reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or the Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Site may be interfered with by numerous factors outside of our control. ShooWin is never, for any reason, responsible for Reservations on the Site that do not sell, including Reservations that remain unsold during a Site outage.

Regular Maintenance. The Site will be unavailable while it is being updated and modified. When a Seller posts a Reservation on the Site, the Reservation may not be available for purchase until the next regularly scheduled Site update. ShooWin is not responsible for unsold Reservations resulting from Site updates.

18. Your Warranties to Us.

You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.

19. Limitation of Liability.

IN NO EVENT SHALL SHOOWIN BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES OFFERED OR THE TERMINATION OR MALFUNCTION OF THE SERVICES OR THE SITE. SHOOWIN LIABILITY, TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SERVICES OR PRODUCTS OFFERED IS LIMITED TO THE LESSER OF (A) THE TOTAL U.S. DOLLAR AMOUNT OF ALL RESERVATIONS OR OTHER PRODUCTS YOU PURCHASE AND SELL ON THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) ONE HUNDRED US DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

20. Indemnity.

You agree to indemnify and hold ShooWin and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim, demand, damage or expense (including reasonable attorneys' fees), made by any third party or sustained by us due to or arising out of (i) your use of and access to the ShooWin Site, (ii) your violation of any of the terms of this Agreement or the documents incorporated herein by reference, (iii) your violation of any third party right, including without limitation any copyright, property or privacy right or (iv) your actions or omissions, caused damage to any a third party.

You agree that ShooWin is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold ShooWin and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by ShooWin that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of ShooWin.

These indemnification obligations survive this Agreement and your use of the Site.

21. Intellectual Property Rights to the Site and Services.

License and Ownership of Intellectual Property. You acknowledge and agree that (i) all patents, trademarks, trade names, service marks, copyrights and other intellectual property owned by, or licensed to, ShooWin (collectively, "Intellectual Property") are and shall remain the sole property of ShooWin and the Licensor, and (ii) nothing in this Agreement shall confer in you any right of ownership in, or license rights to, this Intellectual Property. In addition, you shall not now nor in the future contest the validity of ShooWin's license to use, or the Licensor's ownership of this Intellectual Property.

Copyright. The software and the Site, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of ShooWin, its licensors or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of ShooWin and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

22. No Agency.

You and ShooWin are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.

23. Amendments; Assignment.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated herein, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement is effective on June 1, 2018. This Agreement, and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by ShooWin without restriction.

24. Notices.

Except as expressly stated otherwise, any notices shall be given to ShooWin in any of the following ways: You may send an e-mail to info@shoowin.com. Notice shall be deemed given 5 days after the date of mailing or 24 hours after email is sent, unless we are notified that the email address is invalid.

25. Additional Terms.

The following policies and guidelines are incorporated into this Agreement by reference and provide additional terms and conditions related to the Services: This Agreement as well as the Privacy Policy and Refund Policy may be changed from time to time, and such changes are effective immediately after we post such changes on the Site. In addition, when using the Services on the Site, you agree that you are subject to any policies, advisories or rules applicable to those Services appearing on the Site that may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

26. Miscellaneous.

This Agreement will be governed in all respects by the laws of the State of New York without reference to its laws relating to conflicts of law. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures in effect on the date of the commencement of the arbitration to be held in New York, New York. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to the aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. This paragraph shall not preclude parties from seeking provisional remedies (including, injunctive relief) in aid of arbitration from a court of competent jurisdiction. YOU AND SHOOWIN AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by ShooWin, in our sole discretion, to a third party in the event of a merger or acquisition. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the sections to which they apply. 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. This Agreement, which includes the other documents and policies incorporated by reference into this Agreement, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

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