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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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