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Terms and Conditions
 
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.
1.0 Introduction and Definitions
     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.
2.0 Agreement with Terms and Conditions.
     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.
3.0 Changes in Terms and Conditions.
     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.
   
4.0 Conduct of Subscriber.

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.

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.

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.

   
5.0 Disclaimers and Limitation of Liability.

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.

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.

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.

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.

     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.

6.0 Indemnification
     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.
7.0 Equipment for Subscribe's Use.
     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.
8.0 Copyrights and Trademarks.
     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.
9.0 The Ticket Company International, Inc. =s Content.
     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.
10.0 Entire Agreement.
     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.
11.0 Controlling Law.
     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.
12.0 Headings.
     The section headings used herein are for convenience only and shall not be given any legal import whatsoever.
 
 
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