1. Introduction

Welcome to SeatID. We hope that you (“You“, “Your“, “Yourself”) will enjoy our services but before we can start, here are some terms and conditions which You will need to review and approve (“Application Terms of Use“). We, SeatID Ltd. (“We“, “Us“) welcome You to our application (the “Application“).

SeatID is a social seating solution that allows users to choose a service and/or a seatmate based on their social network profiles. SeatID’s solution, which uses data from Facebook, LinkedIn, Google+ Twitter and other social networks, allows users to look for people with similar interests in the venue or on the mode of transport (e.g. plane, train, etc.) as applicable, and then book a seat accordingly (the “Service“).

2. Acceptance of the Terms

2.1.        By using the Application and/or the Service, and/or by linking, integrating, incorporating the Application into Your website, You acknowledge that You have read and understood these Application Terms of Use including the terms of the Privacy Policy, available at the following link (collectively, the “Terms“), and You agree to be bound by them and to comply with all applicable laws and regulations regarding the use of the Service.

2.2.        If You do not agree to the Terms, do not access the Application or use the Service. The Terms may be revised and updated from time to time, with or without notice. We shall make reasonable efforts to post a prominent notice in case the Terms shall change substantially. We urge You to check the Last Revised date which appears at the top of the Terms. You can review the most current version of the Terms at any time here.

By using the Application, by accessing any webpage, by using any of the Services, and/or by linking, integrating, incorporating the Application into Your website, You acknowledge that these Application Terms of Use constitute a binding and enforceable legal contract with us.

3.  The Service

3.1.        3.1.    The Application is a unique platform that enables the performance of social reservations, by logging into the Application via third parties’ websites who supply the tickets or services, such as airline companies, online travel companies, travel agencies, venues, etc. (“Ticket Provider(s)“).

3.2.        The Service shall be provided in accordance with Your profile and personal information exists in the applicable social media platforms, including, but not limited to: Facebook, LinkedIn, Google+ and Twitter which were used in order to log into the Application (“User’s Social Network“).

3.3.        The Application and Service, which use data from the User’s Social Network and the applicable Ticket Provider, allows You to see potential seatmates on the mode of transport, service or venue, as applicable.

3.4.        We reserve the right to modify or discontinue, temporarily or permanently, the Application and/or Service, with or without notice. We will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Application and/or Service.

4. Using the Application

4.1.        In order to start to use the Application and the Service, You will need to have an active account in the User’s Social Network, and will be required to log into the Application via such User’s Social Network. By doing so, You grant Us, as well as Our affiliates, contractors, subcontractors, related parties and suppliers, including but not limited to, Ticket Providers which incorporated Our Application on their applicable websites (the “Related Parties“), with the license and right to use any information derived from Your profile in such User’sSocial Network, including, but not limited to: basic information (such as Your name, photo, date of birth, and city of residence), information about your hobbies and preferred activities (such as places in which You have checked, events, groups, interests, likes, etc.),  personal information (such as Your relationships, religion, educational experience, etc.) and all other information derived from Your profile in such User’s Social Network. (“User’s Information“), for any purpose We might deem necessary for the functioning of the Application and/or Service.

4.2.        By indicating Your Social Network You also irrevocably grant any other user of the Application and/or Service and/or any Ticket Provider, the right to access Your User’s Information, and Your  Social Network User’s profile, in connection with such user’s or Ticket Provider’s use of the Application and/or Service subject to “Privacy and Visibility Settings” defined by You on the Social Network and on the SeatID application.

4.3.        Finally, by indicating Your Social Network You hereby explicitly and irrevocably waive all rights, interest, claim and/or demand that You had, have or may have in the future, against Us, Our officers, directors, employees, agents, affiliates and/or any third party with respect to any use of Your User’s Information.

4.4.        In order to protect Your privacy and the general security of Our users, You are hereby requested to notify Us immediately if You become aware of any unauthorized use of Your User’s Information. We will do our best to resolve the problem but please be aware that We will not be liable for any loss or damage arising from any unauthorized use of Your User’s Information or any other breach of security.

4.5.        We may suspend and/or discontinue your use of the Application and/or Service, or block your access to the Application and/or Service in Our sole discretion with or without any reason;

4.6.        Following such suspension or blocking of the Application and/or Service, We will have no obligation to keep the details, content, User’s Information, or any other information related to the Application and/or Service.

4.7.        If You would like to prevent certain Ticket Providers from obtaining Your User’s Information, or to prevent Us from obtaining Your User’s Information from a certain User’s Social Network, You may do so by choosing the applicable feature in the Application.

5. Ticket Providers’ and Third Parties’ Sites

5.1.        You hereby acknowledge that Our Application and Service constitute merely a seat selection tool and We do not have any control over the final booking, purchase and seating arrangements procedures, as such would be determined upon the applicable Ticket Provider’s sole and exclusive discretion. The purchase of the tickets shall be executed through the Ticket Providers’ website and shall be subject to the Ticket Providers’ approval and payment procedures. The Ticket Provider may, at any time, in its sole discretion or pursuant to other users’ request, change the seating arrangements and We have no control, nor would We be liable in any manner for such change. In addition, at any point, even after you have indicated your choice of seating, changes may be performed to the seating arrangements, whether by the applicable seatmates themselves, by the applicable Ticket Provider, or by any other authorized third party.

5.2.        Certain features provided through the Application may link to other non-SeatID applications or sites, including, inter alia, the Related Parties’ sites (“Third Party Sites“). Those links to Third Party Sites are either provided by Us, shared by any other user or added by You.

5.3.        You hereby acknowledge that such Third Party Sites are independent sites, and that We have no control over such sites. You further acknowledge and agree that We are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any services, content, advertisements, products, or any materials on or available from said sites.

5.4.        You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through any Third Party Sites or Ticket Providers’ sites.

5.5.        As most Third Party Sites and Ticket Providers’ sites provide legal documents, including terms of use and privacy policy, governing the use of such sites, We urge you to read such documents carefully.

5.6.        If You do encounter any unlawful Third Party Site or Ticket Providers site, You may wish to report such site to Us using the following address: [email protected] We will examine Your report within a reasonable timeframe, but We cannot commit to removing any such links.

6. Use Restrictions

6.1.        While using Our Application and/or Service, there are certain types of behaviors which are strictly prohibited, as appears in the list below. Please read this list carefully. Your failure to comply with the provisions set forth herein may result in the suspension or blocking of Your use of the Application and/or Service and may expose You to civil and/or criminal liability.

6.2.        You may not, whether by Yourself or anyone on Your behalf:

6.2.1.      copy, modify, alter, adapt, make available, translate, reverse engineer, decompile, or disassemble any portion of the Application and/or the  Service, including but not limited to, other User’s Information;

6.2.2.      create a browser, frame, border environment or GUI around the Application and/or the Service;

6.2.3.      interfere with or disrupt the operation of the Application and/or the Service, or the servers or networks that host the Application and/or the Service or make the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;

6.2.4.      interfere with or violate other users’ rights to privacy and other rights, or harvest or collect data and information about users without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other automatic device or process to access the Application and/or Service and/or retrieve index and/or data-mine information;

6.2.5.      impersonate any person or entity or provide false or misleading personal information;

6.2.6.      transmit or otherwise make available through or in connection with the Application and/or Service any virus, “worm”, “Trojan Horse”, “time bomb”, “web bug”, spyware, or any other computer code, file, application or program that is malicious by nature or defective, and may, or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;

6.2.7.      use the Application and/or Service or other User’s Information for any illegal, unlawful or unauthorized purposes;

6.2.8.      use the Application, the Service and/or other User’s Information for any commercial or other non-personal purposes, including any usage which generates any revenues, whether directly or indirectly, without Our prior written consent.

6.2.9.      use the Application, the Service and/or other User’s Information forpurposes of harassment, stalking, scorning, provocation, acts of terrorism, violence or any other purpose which may endanger other users.

7. Representations and Warranties by the User

7.1.        As a condition to Your use of this Application and/or Service, You hereby represent and warrant that:  

7.1.1.      You are at least 18 years of age and possess the legal authority to enter into these Application Terms of Use, to use the Application and/or Service in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder (e.g. You do not have any pending stay of exit order against You) ;

7.1.2.      You are financially responsible for Your use of this Application and/or Service;

7.1.3.      You will safeguard Your User’s information and will supervise and be responsible for any use of the Application and/or Service by anyone other than You;

7.1.4.      the execution of these Terms does not and will not violate any other agreement to which You are bound, including, without limitation, any terms of use of any Social Networks, or any law, rule, regulation, order or judgment to which You are subject;

7.1.5.      You are using the Application and/or Service solely for Your own use as indicated by You; You genuinely intend to purchase a ticket for such journey, service or venue, as applicable, and You genuinely intend to sit next to the applicable seatmate suggested by the Application and/or Service due to the reasons declared by You during the login process; the information provided by You upon login, including Your representations regarding the purposes  for which You are using the Application and Services, consist of honest and true representations ;  and You shall not intentionally mislead Us or other users regarding the purposes of Your use of the Application and/or Service; and

7.1.6.      Your use of the Application and/or Service has not been previously suspended, nor Your access to the Application and/or Service has been previously blocked by Us.

8. Privacy Policy

8.1.        We respect Your privacy and are committed to protect the information You share with Us. We also believe that You have a right to know Our practices regarding the information We collect when You access the Application and/or use the Service and/or through the User’s Social Network.

8.2.        Our policy and practices and the type of information collected are described in the Privacy Policy. In order to use the Application and to be provided with our Service, You must read and agree to the Privacy Policy.

9. Intellectual Property Rights

9.1.        The Application and the Service, including without limitation, the proprietary algorithms and methods, inventions, patents and patent applications, copyrightable material, graphics, text, sounds, music, designs, specifications, data, technical data, videos, interactive features, software (source and/or object code), files, interface, GUI and trade secrets pertaining thereto (collectively, “Intellectual Property“), are fully owned or licensed to Us and are subject to copyright and other applicable intellectual property rights under applicable laws, foreign laws and international conventions. Notwithstanding the above, certain content and features made available or displayed through the Application and/or Service, including without limitation, graphics, photos, sounds, music, videos, interactive features, software, scripts, interface, trademarks, service marks and logos may be owned by third parties (e.g. content and features provided by the airlines).

9.2.        Except as provided herein, You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any of the Intellectual Property.

10. Trademarks

“SeatID”, Our company logo and other commercial identifiers We use in connection with the Application and Service are all trademarks and/or trade names of Ours or of our third party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.

11. Commercial Advertisements

We may integrate commercials and advertisements, in the Application and Service. All the information contained in such commercials and advertisements belong solely to Us or Our advertisers and We make no warranties or representations as to such advertisements, whether or not We have control over such advertisements.

12. Disclaimer and Warranties

12.1.        THE APPLICATION AND/OR THE SERVICE IS AT ITS BETA STAGE AND PROVIDED HERE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

12.2.        WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE MAY CORRECT, MODIFY, AMEND, ENHANCE, IMPROVE AND MAKE ANY OTHER CHANGES TO THE APPLICATION AND THE SERVICE, AT ANY TIME.

12.3.        WE MAKE NO REPRESENTATION REGARDING THE SUITABILITY OF THE SERVICE OR OTHER INFORMATION PROVIDED THROUGH IT, DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SERVICE, AND WE ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE OF ANY AND ALL INFORMATION RECEIVED THROUGH THE APPLICATION AND SERVICE.

12.4.        WE MAKE NO REPRESENTATION REGARDING THE ACTUAL SEATING ARRANGEMENTS. WE DO NOT WARRANT THAT YOU WOULD EVENTUALLY BE SEATED IN THE PARTICULAR SEAT CHOSEN BY YOU VIA OUR APPLICATION AND/OR SERVICE, NOR DO WE WARRANT THAT OTHER TICKET HOLDERS, WHO INDICATED THEMSELVES AS SITTING IN CERTAIN PARTICULAR SEATS (INCLUDING A CERTAIN PARTICULAR SEAT NEXT TO YOUR DESGINATED SEAT), WOULD EVENTUALLY BE SITTING IN SUCH SEATS. IN ADDITION, WE ARE NOT OBLIGATED TO NOTIFY YOU REGARDING ANY CHANGE IN THE SEATING ARRANGEMENTS MADE BY THE TICKET PROVIDER OR BY ANY OTHER USER, WHETHER SUCH OTHER USER, THE TICKET PROVIDERS, OR ANY OTHER THIRD PARTY HAS NOTIFIED US OF SUCH CHANGE OR NOT.

12.5.        WE ACT MERELY AS A VENUE WITH REGARD TO THE FLIGHT, AND ARE NOT, IN ANY CASE, A RETAILER. WE ARE NOT DIRECTLY OR INDIRECTLY INVOLVED IN ANY TRANSACTION BETWEEN THE TICKET PROVIDERS OR ANY OTHER THIRD PARTY AND YOURSELF.

13. Limitation of Liability

THE USE OF THE APPLICATION AND/OR SERVICE IS SOLELY AT YOUR OWN RISK. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM OR ARISING OUT OF THE APPLICATION AND/OR THE SERVICE, ANY USE OF OTHER USERS OF  YOUR USER’S INFORMATION, ANY CHANGE IN THE SEATING ARRANGEMENTS WHETHER OF YOUR SEAT OR OF ANY OTHER SEAT IN THE MODE OF TRANSPORT, SERVICE OR VENUE, AS APPLICABLE, OR THE USE OR INABILITY TO USE THE APPLICATION AND/OR SERVICE, REGARDLESS OF WHETHER WE OR AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT WHERE LIABILITY IS MANDATORY IN WHICH EVENT LIABILITY FOR DAMAGES SHALL BE LIMITED TO TEN (10) US DOLLARS.

14. Indemnification

You agree to defend, indemnify and hold Us harmless, Our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of  the Application and/or Service; (ii) Your violation of any term of theseTerms; (iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right; and (iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party with relation to the Application and/or the Service. This defense and indemnification obligation will survive these Terms.

15. General

15.1.        These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.

15.2.        Any claim relating to the Application and the Service or its use thereof will be governed by and interpreted in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles.

15.3.        Any dispute arising out of or related to your use of the Application and/or Service will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel-Aviv-Jaffa District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule.

15.4.        If any provision of this Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Terms and will not affect the validity and enforceability of any remaining provisions.

15.5.        No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

15.6.        These Terms constitutes the entire terms and conditions between you and the Company relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Company.

16. Complains

If You feel that any of Your personal rights has been compromised on the Service, or the Application please contact Us at: [email protected] and We will exert Our best efforts to handle Your complaint.



For information or questions contact:

SeatID Ltd.

1 Hanagar st. Hod Hasharon, Israel

mail: [email protected]

 

Last Revised: February 19, 2013