Because user verification on the Internet is difficult, Zerve cannot, does not, and is not obligated to, confirm each user's purported identity. We have created a user-driven rating and review ("Rating" and/or "Review") system to help Buyers evaluate Sellers based on previous Buyers' interactions with the Seller. We also encourage Buyers and Sellers alike to communicate directly with each other through the tools available on the Site. In the event you rely upon a Rating or Review to select Activities, you accept the risks of the Ratings containing inaccurate information.

We do not control the information provided by other users that is made available through our Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safe trading when using the Service. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals who may operate under a different set of legal and cultural standards. By using this Service, you agree to accept such risks and Zerve is not responsible for the acts or omissions of users on the Service.

All prices are stated in U.S. Dollars, unless specified otherwise.

Zerve provides a service through which you can buy Activities that are provided by people and companies who are unrelated to Zerve. All decisions on pricing and Ticket availability are made by these Sellers, and Zerve has no role in determining these prices and availabilities. Prices are per person, unless otherwise specified.

Whenever a Seller lists an Activity for sale on Zerve, the Seller specifies all relevant descriptions and terms for that Activity. The description and terms may include without limitation a general description; a description of what is not included in the purchase price; the meeting location, start time and duration of the Activity; specific policies you must agree to when purchasing that particular Activity; and answers to Frequently Asked Questions.

Neither Zerve nor the Seller can control all information regarding these Activities that may be listed in third-party sources (for example, press coverage and other websites). As a result, when you buy an Activity, you should do so relying only on the Activity's details as listed by the Seller on Zerve.com at the same time that you are purchasing your tickets. Information from any other source is not relevant, and has no impact on the terms of your purchase.

Specifically, there are two types of information that are expressly not relevant to your purchase, and which you should ignore when buying tickets through Zerve:

1) Information garnered from any other sources, including but not limited to: press articles and media coverage; any other website besides Zerve.com (including any web sites run by the Seller itself); paid advertisements, and; advice from individuals who have taken this Activity in the past.

2) Any changes to this Activity's listing on Zerve.com which were made AFTER the purchase was completed.

When purchasing any Tickets to an Activity through the Service, whether online, over the phone, or through any other channel, you will be deemed to have agreed to that Activity's terms and policies, as specified by the Seller on Zerve.com, in addition to these Zerve Terms of Use.

When you elect to buy an Activity through the Service, you are agreeing to pay for that Activity and you are authorizing Zerve to charge your credit card for the full amount, including any service fees. In all such Ticket purchases, the person making the purchase shall be deemed to have accepted the purchase conditions on behalf of the persons named as the attendees for the Activity.

When purchasing tickets, you are often able to include a personal message for the Seller of the Activity for which you are purchasing tickets. This message is purely for informational purposes, for you to communicate something to this Seller. Under no circumstances will anything you have written nullify or modify any of the terms of your purchase.

You may be able to purchase Tickets for Activities offered by Sellers in two ways, subject to the terms and conditions of these Terms of Use:

(1) you may choose to select a specific date and time and immediately be provided with the Ticket Code that allows admission to an Activity, or,

(2) you may prepay for a specific Activity without selecting a date and time, by choosing the gift certificate option. Gift Certificates must be redeemed for Tickets before they can be used for admission to an Activity.

Nothing contained in these Terms shall be deemed a guarantee that a Seller will offer Gift Certificates for an Activity.

Zerve allows Buyers to purchase one or more Activities in a single credit card purchase ("Order"), even when the Activities are provided by different Sellers. Immediately upon purchasing an Order, Zerve charges the Buyer's credit card for the total price of all Activities in the Order. The total charges for the Order therefore includes: the total Ticket price (less any applied discount), plus the total service fees, plus any taxes (as specified by the Seller), for each and every Ticket in this Order.

At no time does Zerve provide the Buyer's credit card information to the Seller. The credit card charge is paid to Zerve, and the Seller is compensated for the sale according to the payment policy in the Seller Policies section below.

Zerve currently accepts MasterCard, Visa, and American Express as the only accepted methods of payment for the Service and Activities.

Sellers may, at their sole option, choose to offer discounts on an Activity. Discounts are subject to the restrictions of the Seller. In order to obtain a discount that has a promotion code assigned by the Seller, a Buyer MUST provide the promotion code for the discount BEFORE agreeing to charge his credit card for the Order. Additionally, a Seller may create an automatic discount available under certain circumstances, including by way of example only, a 25% discount on second ticket purchased. In all instances, including without limitation error subject to Section 6(m), discounts cannot and will not be retroactively applied to an order after the Order has been processed and the credit card has been charged. Zerve is not obligated to inform Buyer that a promotion is available and is not responsible to a Buyer for purchasing an Activity at full price when a discount may have applied to Buyer.

In the event that you do not receive a Ticket Code (as defined in Paragraph 6j below) for a specific Event, or a Gift Certificate Code (as defined in Paragraph 6k below) after submitting payment information, or you experience an error message or service interruption during the processing of your Order, it is your responsibility to contact Zerve's Customer Service department to confirm that your Order has been processed. Do not assume Zerve knows of the error; you may be the only person that is aware of any problems that occurred during the purchase process. You will be solely responsible for any losses you incur as a result of your failure to contact Customer Service in a timely manner or confirm processing of the Order.

If the amount you pay for an Activity is clearly or grossly incorrect, resulting from any error, including without limitation an error in a price posted on the Site or otherwise communicated to you, or a malfunction of the Site or other Zerve operated system, then Zerve, upon discovery of the error, will have the right, but not the obligation, to cancel the Ticket or the Order containing the Ticket and refund you the amount you paid. Zerve is not responsible for any damages resulting from the refund or cancellation of your Ticket resulting from the error.

All names, phone numbers, email addresses, and other information for both purchasers and attendees should be correctly given at the time of purchase. Changes cannot be made at a later time. Zerve shall not be responsible for any damages resulting from errors in the provided information.

Each ticket purchased at Zerve is subject to a non-refundable Service Fee, also called a Ticket Fee. The Ticket Fee will be included in the total amount charged to the Buyer's credit card for their Order.

Once purchased, Tickets and Extras are generally not refundable and cannot be exchanged for other Activities nor rescheduled to other times. You are responsible for carefully reviewing all information regarding the Activity, including without limitation dates, details and policies before purchasing a Ticket or Order. Zerve is not obligated to issue a Buyer a refund or an exchange for any purchased Tickets or Orders. Sellers are responsible for authorizing exchanges and refunds, including without limitation as described below in the section "Activities Cancelled by Sellers".

At the time of your Order, the purchased ticket quantity is removed from the Seller's inventory, reducing the number of tickets available for the Activity. While this allows us to provide our customers with the clear benefit of guaranteed tickets, it prevents Zerve from being able to refund, reschedule or exchange any tickets. Zerve.com's service fees may not be refunded, even in the event a Seller authorizes a refund for an Activity.

From time to time, a Seller may reschedule or cancel an Activity, in the Seller's sole discretion, including without limitation for weather conditions, or if staff or supplies become insufficiently available to conduct the Activity. In the event a Seller cancels an Activity, Zerve may, but is not obligated to, assist you in your efforts to obtain a refund of your ticket price for the Activity. Zerve shall not assist you in any efforts to obtain a refund if you fail to give Zerve proper Notice of the cancellation within twenty-four hours after notice of the cancellation of the Activity or the scheduled start time of the Activity, whichever is shorter. Any notice given under this section must be given in writing to Zerve, preferably by email, and in the event Buyer received a confirmation email, such notice must be delivered as a reply email containing the original confirmation email in the body of the reply email.

You will not receive a refund if you cannot attend an Activity. Unless prohibited by the Seller, you may authorize a third party to use your Ticket Code pursuant to the Ticket Code provisions contained above, except where the third party is otherwise not eligible to participate in the Activity, including without limitation a person under the age of 18 years old.

You grant Zerve permission, in Zerve's sole discretion, to make changes to your buyer account information or Account ("Buyer Amendment" or "Amendment"), including without limitation to (1) correct what Zerve believes to be inaccurate information, such as a misspelled email address; (2) prevent further communications or emails from being sent to you; (3) disable your account or your password. Nothing contained in the preceding sentence shall be deemed to create any duty, and you understand and agree that Zerve has no duty to, and is not required by this Agreement to, make changes to your account or any information you provide to Zerve. Amendments shall be considered a "Consultation" for the purposes of and subject to the provisions of section 7(n). Zerve shall not be liable to you or any third party resulting from any Amendment; you are solely responsible to review and amend any and all Amendments and you agree to accept liability for, and indemnify Zerve, as contemplated in section 20, against any damages resulting from any Amendments, however arising, including without limitation negligence by Zerve.

You must be legally able to sell the Activities you list for sale on the Site. You must describe your Activity and all terms of sale on the listing pages for this Activity. As part of the listing process, the Seller assigns the prices, meeting location, duration, descriptions, policies, Extras available for purchase, and other details of the Activity. Your listings may only include text descriptions, pictures and other content relevant to the sale of the Activity. For each Activity you list, you warrant and covenant that the listing contains only accurate details and descriptions of the Activity. All Activity fees must be posted in U.S. Dollars.

Once you list an Activity and a Buyer purchases tickets for that Activity, you are responsible for delivering the Activity pursuant to all terms and conditions in the listing for the Activity. You must provide the Activity to all rightful ticket-holders, regardless of the Buyer's or attendees' gender, race, religion, creed, sexual orientation or belief.

You are required to be able to print information from your computer. You must also have unencumbered access to the email account assigned to your Zerve Account. You are required to check that account frequently when selling Activities.

You authorize Zerve to collect the total amount of any purchase made of your Activities. Zerve will charge the Buyer's credit card. Zerve will remit payment to you by check or direct deposit twice per each calendar month for the total charges collected on your behalf minus any commissions and service fees assessed.

In no event shall you be credited for a Ticket purchase at any time sooner than two (2) business days after the Activity for which it was purchased is scheduled to have completed.

Zerve, in its sole discretion, and on a case by case basis, shall determine the date on which you will be credited for Gift Certificates purchased.

By way of example only, Zerve may, in its sole discretion (1) credit you in the payment period that includes the date on which the Gift Certificate was purchased; (2) credit you a certain number of days after the Gift Certificate was purchased; or (3) credit you only after the Activity for which the Gift Certificate is ultimately redeemed for Tickets is scheduled to have completed.

All payments are made in U.S. dollars.

Zerve is a service through which you can sell your Activities to Buyers who have no relation to Zerve. All decisions regarding pricing and availability are determined by you, and you alone are responsible for these decisions. Zerve does not have any role whatsoever in determining pricing and availability.

You will be charged a commission on all Tickets that you sell through Zerve, with the sole exception of Tickets that you offer free of charge. Currently, this commission is 15% of the ticket price, with a minimum of $2.00 per ticket. This commission will be withheld from the amount sent to you in your bi-monthly Seller payments. (Any alternative commission amounts must be agreed upon in writing by both Seller and Zerve.) For the avoidance of doubt, Zerve shall charge you a commission for each Extra you sell through Zerve.

Zerve may also charge Buyers a service fee for tickets for your Activity. The service fee is paid solely to Zerve, and will not be remitted to Seller. In the event of a cancellation by Buyer or Seller, or any dispute between Buyer and Seller directly or indirectly related to the Activity, Zerve shall be entitled to retain the commission and the service fee.

Zerve provides to Sellers the ability to collect taxes from Buyers on each Activity. Options regarding tax collection can be changed separately for each Activity offered, and can be managed on the Site. If you opt to collect taxes on any of your sales, Zerve will collect these taxes with each sale and will remit them to you as part of your bi-monthly Seller payment. Zerve withholds no commission from any taxes collected.

IMPORTANT: ALTHOUGH ZERVE'S TECHNOLOGY ALLOWS YOU TO COLLECT TAXES, ZERVE HAS NO ROLE WHATSOEVER IN DETERMINING ANY ASPECT OF YOUR TAX POLICY - OUR TECHNOLOGY MERELY PROVIDES THE TOOLS TO IMPLEMENT WHATEVER POLICY YOU NEED TO ADHERE TO. THIS INCLUDES, BUT IS NOT LIMITED TO, DECISIONS REGARDING WHETHER TO COLLECT TAXES AT ALL AND HOW MUCH TO COLLECT. ZERVE IS NOT LIABLE FOR ANY DAMAGES RESULTING FROM THE COLLECTION OF TAXES, FAILURE TO COLLECT TAXES OR TRANSMISSION OF COLLECTED TAXES TO YOU. PLEASE CONSULT YOUR TAX ATTORNEY AND/OR ACCOUNTANT FOR ALL TAX ADVICE.

Zerve's standard policy is that all sales are final, and we do not provide refunds on any purchases made through Zerve's Service, and do not allow tickets to be rescheduled to other dates or times. You, as a Seller, however, may have the ability to override this policy and select another policy on the Site. In the event you choose to cancel or reschedule an Activity or issue a refund or an exchange to a Buyer, Zerve shall be entitled to retain the commission and service fees.

Should you decide to cancel or not provide a service or product that was offered by you through Zerve, you are solely and fully responsible for payment of the commission due and the service fee assessed by Zerve. In this situation, Seller is responsible for contacting Buyers to inform them of the cancellation. Also in this situation, you must authorize any refunds for sales or tickets that you wish Zerve to process on your behalf.

In the event that a Buyer informs Zerve that a purchased Activity was not provided by the Seller, or that the Activity provided was materially different than the description and terms listed on Zerve for this Activity, Zerve may conduct an investigation to determine the pertinent details of the situation. If Zerve, in its sole discretion, finds that the Buyer was correct in this assertion, Zerve reserves the right to refund all charges for this purchase to the Buyer. Zerve, in its sole discretion, may refuse to remit payment to your account for the Activity pending resolution of a complaint by a Buyer.

The commissions and service fees for any refunds, regardless of the refund's cause, shall be deducted from the next check remitted by Zerve to Seller, provided that the funds to be remitted are sufficient to cover such charges. If the amount of the check is not sufficient, Zerve will continue to deduct the amounts from future checks until the commissions and ticket charges attributable to cancellations have been covered by Seller.

In the event that a Buyer disputes charges after Zerve has already paid Seller the disputed funds, and is successful in demanding that the credit card company return his or her money, Zerve reserves the right to deduct from Seller's next or later payment, the full amount of the funds which must be reimbursed to the Buyer, including any commission amount and service fee.

Zerve also reserves the right to charge the Seller for any penalties or amounts charged to Zerve due to a Buyer's dispute of a charge, or due to Zerve's re-presentment of a disputed charge to the credit card company.

As a Seller using the Service, you are able to use the Site to store, view and manage a number of logistical details of your business. This may include, for instance, inventory management, staff scheduling, customer contact functions, and automated event-based and time-based rules that will update your inventory.

Zerve will not be liable for any losses arising from your misuse of this application, or from any errors, functionality problems or data loss you may experience, even if these were not caused by you.

Additionally, this application provides a number of areas where you can keep customized notes including without limitation information on specific purchases and Activities. In this section, and all other sections of this application, you are prohibited from entering any of the following information: 1) credit card information for any buyers, whether or not they have purchased tickets through Zerve; and 2) any illegal information. If Zerve becomes aware that you have entered any such information, we have the right, but are not obligated to, block your access to your Account or to terminate your Account altogether.

At the conclusion of any purchase of Tickets, Zerve supplies Buyers with verification of the number of tickets purchased, the precise meeting location for the Activity, other relevant Activity information, and a unique Ticket Code. When the Activity takes place, the Seller should use the Ticket Code to verify that all Buyers are in attendance. For the avoidance of doubt, a Gift Certificate Code is not a Ticket Code and Seller shall not receive credit from Zerve for attendance at an Activity by a Buyer who does not present a Ticket Code.

The Ticket Code will be communicated as follows:

(1) The Buyer is given the entire Ticket Code, including both the six (6) letters and the three (3) numbers. This Ticket Code is communicated to Buyer via email, Zerve's web site and/or over the phone.

(2) You, the Seller, are given ONLY the first six letters of the Ticket Code, but you are NOT provided the 3 numbers. This first portion of the Ticket Code is displayed to you in the booking system on Zerve.com so that you are aware of all purchases.

AT THE START OF EACH ACTIVITY, SELLERS MUST COLLECT EACH BUYER'S UNIQUE TICKET CODE - INCLUDING THE THREE DIGITS THAT COMPRISE THE END OF THIS TICKET CODE. THESE THREE DIGITS WILL SERVE AS PROOF OF SERVICE DELIVERY IN THE EVENT THAT A DISPUTE SHOULD ARISE BETWEEN BUYER AND SELLER. AS A SELLER, YOU ARE UNDER NO OBLIGATION TO DELIVER YOUR ACTIVITY IN THE ABSENCE OF RECEIVING THE BUYER'S UNIQUE TICKET NUMBER.

WITHIN THE BOOKING SYSTEM ON ZERVE.COM, YOU SHOULD ENTER THIS THREE DIGIT CODE FOR EACH BUYER THAT ATTENDS YOUR ACTIVITY.

For the purpose of promoting and facilitating the sale and purchase of your Activities, you grant to Zerve a non-exclusive, universal, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to reproduce, modify, adapt, publish and display the descriptions, images, and all other content related to your Activities, including without limitation your name and likeness, in any media now known or hereafter developed, including without limitation on the Site and on the sites of our marketing partners.

You may terminate Your Account at any time, so long as you continue to provide the Activities that were purchased by Zerve buyers prior to this termination. In the event you fail to provide these Activities you are responsible for contacting the affected Buyers, informing them and refunding their purchases of Tickets and Gift Certificates via Zerve's system's Refund feature. If, in Zerve's sole discretion, you fail to comply with this section 7(m) in a quick and reasonable manner, Zerve may, but is not required to, contact and provide the affected Buyers with refunds or take such other actions deemed appropriate in Zerve's sole discretion, and may impose penalties to compensate Zerve and/or affected Buyers for the inconvenience, including without limitation withholding payments or assessing incremental fees to your Account.

Zerve does not have a duty to provide you with any information or service except as may be specifically set forth in these Terms of Use and nothing contained in this Section 7(n) is intended to, nor does it, create any such duty. Without limiting the foregoing, Zerve may, but is not required to, discuss issues with you and take actions for you, including without limitation ways to use your Account, pricing of your Activities, dates of your Activities, minimum attendance at your Activities, amending your Account or its contents, amending your Website, Amendments, advice regarding or changes to User Content, your marketing, your marketing strategy, or general business issues, and Zerve may, but is not obligated to, provide you with information regarding those issues based on several factors, including without limitation observations of other Sellers, general observations of your industry, or personal experience ("Consultation").

ZERVE IS NOT REQUIRED TO PROVIDE SUCH CONSULTATIONS AND YOU ARE IN THE BEST POSITION TO MAKE DECISIONS FOR YOUR BUSINESS, THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT YOU RELY UPON ANY CONSULTATION FROM ZERVE IN MAKING ANY DECISIONS OR TAKING ANY ACTIONS, INCLUDING WITHOUT LIMITATION DECISIONS REGARDING YOUR BUSINESS OR YOUR ACCOUNT, YOU AGREE TO ASSUME THE RISK OF RELIANCE UPON THE CONSULTATION AND YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN THE EVENT THE CONSULTATION PROVES TO BE INACCURATE OR NEGLIGENT AND YOUR RELIANCE ON THE CONSULTATION DIRECTLY OR INDIRECTLY CAUSES DAMAGES TO YOUR BUSINESS OR YOUR ACCOUNT, YOU, ON YOUR OWN BEHALF AND ON THE BEHALF OF YOUR SUCCESSORS, ASSIGNS, AGENTS AND ATTORNEYS, AGREE TO FOREVER RELEASE, AND COVENANT NOT TO SUE, TO THE FULLEST EXTENT OF THE LAW, ZERVE, ITS PAST, PRESENT AND FUTURE SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, OR SUPPLIERS ("RELEASEE") FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO THE CONSULTATION, HOWEVER ARISING INCLUDING RELEASEE'S NEGLIGENCE IN PROVIDING THE CONSULATION OR RELEASEE'S REFUSAL TO MAKE YOUR ACCOUNT LIVE UNLESS YOU COMPLY WITH THE CONSULTATION.

Without limiting the generality of the foregoing, for the purpose of enforcing the releases and covenants of this Section 7(n) and to define its relationship to some other Sections, Section 12 shall be read as though the phrase "dispute with one or more users" refers to a dispute with Zerve (and its agents as set forth in Section 12) and the term "Services" in Section 17 and Section 18 shall be read to include Consultation.

You understand and agree that Zerve's service for you may include without limitation: (1) telephone and email and other-media customer service support with Buyers; (2) technology and internet-based tools, and (3) use of Zerve's payment processing platform and accounts. As a result, in order, as determined in Zerve's sole discretion, to increase sales, increase Buyer satisfaction, reduce the amount of customer service time spent on Buyers or for any other reason, Zerve may refuse to allow you to use all or part of the Zerve service unless you accept certain changes recommended by Zerve. In some situations, Zerve may require that you implement the change to your Zerve account or to the marketing that directs Buyers to Zerve. In other situations, Zerve may, in its sole discretion, make the changes directly to your Account.

When requested by you, Zerve may also, but is not required to, make changes directly to your own marketing materials that may impact Zerve directly or indirectly, for instance, your own website or printed marketing materials, which shall be deemed an Amendment under this Subsection 7(o).

You grant Zerve permission to make changes to your Seller account information, User Content, or Account ("Seller Amendment" or "Amendment"), including without limitation, in Zerve's sole discretion (1) to add, remove or modify text, images, policies, FAQ's, and other materials that market or describe your activities to Buyers; (2) to add, remove or modify prices, start times, meeting locations, durations or other variables associated with your activities; (3) to add, remove or modify communication settings, email addresses, phone numbers or other variables that impact how Zerve and Buyers communicate with you.

Nothing contained in this Subsection 7(o) shall be deemed to create any duty, and you understand and agree that Zerve has no duty to, and is not required by this Agreement to, make changes to your account or any information you provide to Zerve. Amendments shall be considered a "Consultation" for the purposes of and subject to the provisions of Section 7. Zerve shall not be liable to you or any third party resulting from any Amendment; you are solely responsible to review and amend any and all Amendments and you agree to accept liability for, and indemnify Zerve, as contemplated in section 20, against any damages resulting from any Amendments, however arising, including without limitation negligence by Zerve.

If you are a Delegate or user of a Delegate Account your use of the Account is governed by the Terms of Use. By accepting the invitation, you agree (1) You will only use the Account to take those actions that you have been authorized to take by the owner of the Primary Account, (2) A Seller or Primary Account holder can deactivate a Delegate Account at anytime for any reason, and You are not entitled to any damages against the Seller or Zerve for the deactivation, including without limitation any special, consequential or injunctive remedies or damages, (3) to indemnify and defend Zerve in the event of any claim made against them resulting directly or indirectly from your use of the Account pursuant to Section 20 of these Terms, and (4) as follows: "I agree that in acting as a delegate for the Account, I will be bound by all terms pertaining to Zerve sellers in the use of this Account."

The Delegate feature works by allowing You, an existing Seller, to 'invite' some other individual to use your Account. The Seller invites the Delegate by (1) signing in to their Zerve Account (2) entering the email address of this intended Delegate (3) Sending the invitation to the Delegate. The Zerve system then generates an auto-email to intended Delegate, with a link; the Delegate clicks through, or follows, the link to create the Delegate Account. In order to create an invitation the Seller must agree as follows:

"I understand and agree that by inviting this delegate to access my Account, I will be bound by all actions taken by this delegate while using the Account. This delegate, and all actions they take, will be subject to the same Zerve Terms of Use that govern my use of Zerve's services."

Failure to obtain consent to the above sentence prior to activation of the Account shall not be deemed a breach of contract by Zerve and shall not be deemed a waiver of any of the terms of these Terms, including without limitation the indemnification provisions contained herein.

Upon receipt of the invitation email, the Delegate follows an attached link to a page where the Delegate creates a member name and password for the Delegate Account. Delegate must complete the information and agree to the following:

"I agree that in acting as a delegate for the Account, I will be bound by all terms pertaining to Zerve sellers in the use of this Account."

Failure to obtain consent to the above sentence prior to activation of the Account shall not be deemed a breach of contract by Zerve and shall not be deemed a waiver of any of the terms of these Terms, including without limitation the indemnification provisions contained herein.

Only the Primary Account holder may deactivate a Delegate Account. You should deactivate the Delegate Account for any Delegate immediately when you do not want the Delegate or anyone using the Delegate Account to have access your Seller Account. To deactivate a Delegate, you must sign into the Primary Account and click the appropriate box to mark the Delegate Account as "Inactive". Once you complete marking the Delegate Account "Inactive" and the same is processed (you save the change) the specified Delegate will be unable to access the Account from the Delegate Account. If you previously provided the Delegate with your Primary Account Password, which you should not do, you should change the password as well, otherwise the Delegate will be able to access your Account without the Delegate Account.

For your convenience, the Delegate Acount is not terminated when you mark it "Inactive", instead, you can reactivate the Delegate account at anytime when you may want to once again grant this Delegate access to your Account. By way of example, for temporary, seasonal employees. You should create a separate Delegate Account for each user to avoid misuse by former employees or Delegates.

"User Content" is defined as any information you contribute to the Service or to other users. This may include content provided in the registration or listing process, in any public message area (including the Ratings & Review area) or through any email feature. You are solely responsible for your User Content, and we act as a passive conduit for your online distribution and publication of your User Content. The contributions of third parties do not necessarily represent the view or opinions of Zerve. Zerve cannot preview User Content before it appears.

As a condition of using the Site, Zerve shall retain all ownership in the Site including all URLs and any content created or derived on the Site. In order to enable Zerve to use the User Content you provide to us, so that we are not violating any rights you might have in that content, you agree to grant to Zerve a non-exclusive, universal, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights (but no other rights) you have in your User Content (including the modification of such content), in any media now known or not currently known, with respect to your User Content. You also grant Zerve the right to use or reference your member name on the Service and elsewhere to promote the Service without your consent. Zerve will only use your User Content in accordance with our Privacy Policy.

The Ratings and Reviews section is one (among others) very important type of User Content on Zerve. This content is used by Zerve users to assess the quality of other Zerve users, and to determine whether to transact with one another.

Zerve may, in Zerve's sole discretion, but Zerve is not required, and has no duty to you or any third party, to make changes to your User Content, including without limitation temporarily or permanently disabling your access to your Account or editing information displayed in public or private areas of the site ("Amendment"). Amendments may be made at your request, or based on conversations between yourself and Zerve staff, or may be made in Zerve's sole judgment based on its belief of what is best in a particular situation. Amendments shall be considered a "Consultation" for the purposes of and subject to the provisions of section 7. Zerve shall not be liable to you or any third party resulting from any Amendment; you are solely responsible to review and modify any and all Amendments and you agree to accept liability for, and indemnify Zerve, as contemplated in section 20, against any damages resulting from any Amendments, however arising, including without limitation negligence by Zerve.

Users can be held liable for any illegal or prohibited User Content they provide to the Service. If you discover this kind of material on the Service, please notify us at legal@zerve.com. The following is a partial list of the kind of User Content which is illegal or prohibited on the Service, including without limitation Content that:

• contains vulgar language
• is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• could be harmful to minors;
• 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;
• violates any law, statute, ordinance or regulation
• infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
• contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
• contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
• displays pornographic or sexually explicit material of any kind;
• 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.

You agree not to use this Service 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 Service. You agree not to use or permit anyone to use information provided through the Service for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.

Although Zerve cannot monitor the conduct of users off the Service, it is a violation of these rules to use any information obtained from this Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Service user without their prior explicit written consent.

You agree that you are only authorized to visit, view and to retain a copy of pages of this Service for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Service for any purpose other than to review activity information, for personal use, or to purchase tickets for your personal use, unless otherwise specifically authorized by Zerve to do so.

You cannot copy, modify, create a derivative work of, reverse engineer, de-compile, disassemble, or otherwise attempt to discover any source code; or, modify or attempt to modify the Site in any manner of form.

We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation:

1) For Buyers - providing us specific information regarding your right to a ticket, the source of a ticket, your acquisition of a ticket, the price you paid for a ticket, and details relating to your (or the attendee's, if different from yourself) attendance and experience at an Activity.

2) For Sellers - providing specific information about activities you have posted, sold and/or provided, attendance of specific Buyers, and any Ticket Codes requested.

Without limiting any other remedies, Zerve may suspend or terminate your Account if we suspect that you have engaged in fraudulent activity in connection with the Service.

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