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| Terms
and Conditions |
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| The
Ticket Company International, Inc. created the following ticket
agreement in order to clarify the terms and conditions upon
which its web site is used. |
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| 1.0
Introduction and Definitions |
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| TicketCompany.com
is the online service operated by The Ticket Company International,
Inc., a Texas corporation with its principal place of business
in Texas (the "Company"), on the World Wide Web of the Internet,
consisting of ticketing services, ticketing resources, and
related content provided by the Company, and by third parties.
"Subscriber" means every person who establishes a connection
for access to and use of The Ticket Company International,
Inc. |
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| 2.0
Agreement with Terms and Conditions. |
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| This
Agreement sets forth the terms and conditions that apply to
use of The Ticket Company International, Inc. by Subscriber.
By using The Ticket Company International, Inc. Subscriber
agrees to comply with all of the terms and conditions hereof.
The Policies and Privacy Statement is incorporated
by reference, as if fully set forth herein. |
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| 3.0
Changes in Terms and Conditions. |
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| The
Company has the right to change or discontinue any aspect
or feature of The Ticket Company International, Inc., including,
but not limited to, content, hours of availability, and equipment
needed for access or use, at any time. The Company has the
right to change or modify the terms and conditions applicable
to Subscriber's use of The Ticket Company International, Inc.,
or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use at any
time. Such changes, modifications, additions or deletions
shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting
on The Ticket Company International, Inc., or by electronic
or conventional mail, or by any other means by which Subscriber
obtains notice thereof. Any use of The Ticket Company International,
Inc. by Subscriber subsequent to such notice shall be deemed
to constitute acceptance by Subscriber of such changes, modifications
or additions. |
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| 4.0
Conduct of Subscriber. |
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4.1
Lawful Use.
Subscriber
shall use The Ticket Company International, Inc. for lawful
purposes only. Subscriber shall not post or transmit through
The Ticket Company International, Inc. any material which:
(i) violates or infringes in any way upon the rights of
others; (ii) is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene,
profane or otherwise objectionable; (iii) encourages conduct
that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law; or (iv)
contains advertising or any solicitation with respect
to products or services, unless the Company shall have
expressly approved such material in advance of its transmission.
Any conduct by a Subscriber that in the Company's discretion
restricts or inhibits any other Subscriber from using
or enjoying The Ticket Company International, Inc. is
expressly prohibited.
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4.2
Downloading of Intellectual Property.
The
Ticket Company International, Inc. contains copyrighted
material, trademarks and other proprietary information,
including, but not limited to, text, software, photos,
video, graphics, music, and sound, some of which is owned
by the Company and some of which is owned by third parties.
Furthermore, the entire contents of The Ticket Company
International, Inc. are copyrighted as a collective work/compilation.
The Company owns copyright in the selection, coordination,
arrangement, and enhancement of such content, as well
as in the content original to it. Subscriber may not modify,
publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of
the content, in whole or in part. Subscriber may download
copyrighted material for Subscriber's personal use only.
Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication
or commercial exploitation of downloaded material will
be permitted without the express written permission of
the Company (and the copyright owner if other than the
Company). In the event of any permitted copying, redistribution
or publication of copyrighted material, no changes in
or deletion of author attribution, trademark legend or
copyright notice shall be made. Subscriber acknowledges
that it does not acquire any ownership rights by downloading
copyrighted material.
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4.3
Uploading of Intellectual Property.
Subscriber
shall not upload, post or otherwise make available on
The Ticket Company International, Inc. any material protected
by copyright, trademark, or other proprietary right, without
the express written permission of the owner of the copyright,
trademark, or other proprietary right, and the burden
of determining that any material is not protected by copyright
rests with Subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such
a submission. By submitting material to any public area
of The Ticket Company International, Inc., Subscriber
automatically grants, or warrants that the owner of such
material has expressly granted the Company the royalty-free,
perpetual, irrevocable, non?exclusive right and license
to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media
or technology now known or hereafter developed for the
full term of any copyright that may exist in such material.
Subscriber also permits any other Subscriber to access,
view, store or reproduce the material for that Subscriber's
personal use. Subscriber hereby grants the Company the
rights to edit, copy, publish, and distribute any material
made available on The Ticket Company International, Inc.
by Subscriber.
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| 5.0
Disclaimers and Limitation of Liability. |
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5.1
Use Is At Subscriber's Risk.
SUBSCRIBER
EXPRESSLY AGREES THAT USE OF The Ticket Company International,
Inc. IS AT SUBSCRIBER=S OWN RISK. SUBSCRIBER SHALL BE
RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF SUBSCRIBER'S
PASSWORD(S), IF ANY. NEITHER THE COMPANY, ITS AFFILIATES,
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS,
THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT
The Ticket Company International, Inc. SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF The
Ticket Company International, Inc., OR AS TO THE ACCURACY,
RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR
MERCHANDISE PROVIDED THROUGH The Ticket Company International,
Inc.
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5.2
No Warranties Of The Ticket Company International, Inc.
Service.
The
Ticket Company International, Inc. IS PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES
WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION
OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
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5.3
Disclaimer Of Liability.
THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE
OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT THE
COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR
ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD?PARTIES
AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
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5.4
Subscriber's Waiver of Damages.
5.4.1
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY
INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING The Ticket
Company International, Inc. BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT
OF THE USE OF OR INABILITY TO USE The Ticket Company International,
Inc. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON The Ticket
Company International, Inc.
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5.4.2
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE
COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE
OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY
OF, THE INFORMATION CONTAINED WITHIN The Ticket Company
International, Inc., OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS
OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE
OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD?PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
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| 6.0
Indemnification |
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| Subscriber
agrees to defend, indemnify and hold harmless the Company,
its affiliates and their respective directors, officers, shareholders,
employees, agents, and assigns from and against all claims
and expenses, including attorneys' fees, arising out of Subscriber's
use of The Ticket Company International, Inc. |
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| 7.0
Equipment for Subscribe's Use. |
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| Subscriber
shall be responsible for obtaining and maintaining all telephones,
computer hardware, and other equipment needed for access to
and use of The Ticket Company International, Inc. and for
any/all charges related thereto. |
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| 8.0
Copyrights and Trademarks. |
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| In
addition to the copyright restrictions set forth in Paragraph
4.2 above, The Ticket Company International, Inc., and its
stylized version, the stylized version of The Ticket Company
International, Inc., "the daily are trademarks of the Company.
All rights reserved. All other trademarks appearing on The
Ticket Company International, Inc. are the property of their
respective owners. |
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| 9.0
The Ticket Company International, Inc. =s Content. |
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| A
portion of The Ticket Company International, Inc. content
is supplied by third parties. Any opinions, advice, statements,
services, offers, or other information or content expressed
or made available by third parties, including information
providers, are those of the respective author(s) or distributor(s)
and not of the Company. Neither the Company nor any third?party
provider of information guarantees the accuracy, completeness,
or usefulness of any content, nor its merchantability or fitness
for any particular purpose. The Company neither endorses nor
is responsible for the accuracy or reliability of any opinion,
advice or statement made on The Ticket Company International,
Inc. by anyone other than employee spokespersons of the Company
while acting in their official capacities. |
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| 10.0
Entire Agreement. |
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| This
Agreement, and any operating rules for The Ticket Company
International, Inc. established by the Company, constitutes
the entire agreement of the parties with respect to the subject
matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject
matter. |
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| 11.0
Controlling Law. |
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| This
Agreement shall be construed in accordance with the laws of
the State of Texas, without regard to its conflict of laws
rules. Any cause of action of any nature arising out this
Agreement shall be brought in the City of Houston and County
of Harris. |
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| 12.0
Headings. |
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| The
section headings used herein are for convenience only and
shall not be given any legal import whatsoever. |
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