TERMS & CONDITIONS
The following Terms of Service are entered into by and between you and TICKETS FRESH The Terms of Service, together with any documents expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of www.ticketsfresh.com (the “Site”) and our related services (together with the Site, the “Services”), whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.
This Services are offered and available to users who are 18 years of age or older. By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
1 DESCRIPTION OF TICKETS FRESH SERVICES
TICKETS FRESH provides users with access to a multitude of resources, including without limitation various communications tools, blogs, shopping services, search services, social networking capabilities and marketing tools. You understand and agree that the Services may include advertisements and that these advertisements are necessary for TICKETS FRESH to provide theServices. You understand and agree that the Services may include certain communications from TICKETS FRESH, such as service announcements, administrative messages and TICKETS FRESH Newsletter, and that these communications are considered part of the Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current the Services, including the release of new TICKETS FRESH properties, shall be subject to the Terms. You understand and agree that the Services are provided “AS-IS” and that TICKETS FRESH assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services. You understand that the technical processing and transmission of the Services, including your Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2 MODIFICATION OF TERMS
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.
3 YOUR REGISTRATION OBLIGATIONS
In accordance with these Terms, you may register for a TICKETS FRESH account and thereby be deemed to be a TICKETS FRESH Service user or member. In consideration of your use of TICKETS FRESH Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving TICKETS FRESH Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by TICKETS FRESH Service’s registration form and (b) maintain and promptly update your personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or TICKETS FRESH has a reasonable basis to believe that such information is untrue, inaccurate, outdated or incomplete, TICKETS FRESH has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of TICKETS FRESH Services (or any portion thereof). You agree by registering that all current and future free website features of TICKETS FRESH are opt-in (this does not include contests). You have the right to opt-out by taking action from your home/control panel and willingly opting-out of current and future free website features. TICKETS FRESH is concerned about the safety and privacy of all its users, particularly children. For this reason, no account holder under the age of 18 will be allowed to utilize TICKETS FRESH Services. If you are not 18 years old do not attempt to register or utilize any of TICKETS FRESH Service. You are responsible for the security of your account. You accept all risks of unauthorized access to your account and the information you provide. You agree to (a) immediately notify TICKETS FRESH of any unauthorized use of your password or account or any other breach of security, and (b) that TICKETS FRESH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4 TICKETS FRESH PRIVACY POLICY
For more information about how we collect, use, and share your personal information, see TICKETS FRESH Privacy Policy at (LOOK INTO PRIVACY POLICY SECTION) You understand that through your use of TICKETS FRESH Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.
5 USER CONTENT
You may be able to share content on or through the Services. You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TICKETS FRESH, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via TICKETS FRESH Services. If you choose to make Content available on or through the Services, you hereby grant us a fully paid, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display such Content (in whole or in part) for the purposes of (i) providing the Services, including making Content available to other users; and (ii) improving the Services. You also hereby grant each other Registered User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such Content solely as permitted through the functionality of the Services and under these Terms. TERMS & CONDITIONS
The following Terms of Service are entered into by and between you and TICKETS FRESH The Terms of Service, together with any documents expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of www.ticketsfresh.com (the “Site”) and our related services (together with the Site, the “Services”), whether as a guest or a registered user.
Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms including the agreements incorporated by reference herein, you must not access or use the Services.
This Services are offered and available to users who are 18 years of age or older. By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
1 DESCRIPTION OF TICKETS FRESH SERVICES
TICKETS FRESH provides users with access to a multitude of resources, including without limitation various communications tools, blogs, shopping services, search services, social networking capabilities and marketing tools. You understand and agree that the Services may include advertisements and that these advertisements are necessary for TICKETS FRESH to provide theServices. You understand and agree that the Services may include certain communications from TICKETS FRESH, such as service announcements, administrative messages and TICKETS FRESH Newsletter, and that these communications are considered part of the Services and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current the Services, including the release of new TICKETS FRESH properties, shall be subject to the Terms. You understand and agree that the Services are provided “AS-IS” and that TICKETS FRESH assumes no responsibility for the timeliness, deletion, mis- delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services. You understand that the technical processing and transmission of the Services, including your Content (defined below), may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
2 MODIFICATION OF TERMS
We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the “Last Updated” date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you may not access or use the Services.
3 YOUR REGISTRATION OBLIGATIONS
In accordance with these Terms, you may register for a TICKETS FRESH account and thereby be deemed to be a TICKETS FRESH Service user or member. In consideration of your use of TICKETS FRESH Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving TICKETS FRESH Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by TICKETS FRESH Service’s registration form and (b) maintain and promptly update your personal information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete, or TICKETS FRESH has a reasonable basis to believe that such information is untrue, inaccurate, outdated or incomplete, TICKETS FRESH has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of TICKETS FRESH Services (or any portion thereof). You agree by registering that all current and future free website features of TICKETS FRESH are opt-in (this does not include contests). You have the right to opt-out by taking action from your home/control panel and willingly opting-out of current and future free website features. TICKETS FRESH is concerned about the safety and privacy of all its users, particularly children. For this reason, no account holder under the age of 18 will be allowed to utilize TICKETS FRESH Services. If you are not 18 years old do not attempt to register or utilize any of TICKETS FRESH Service. You are responsible for the security of your account. You accept all risks of unauthorized access to your account and the information you provide. You agree to (a) immediately notify TICKETS FRESH of any unauthorized use of your password or account or any other breach of security, and (b) that TICKETS FRESH cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 3.
4 TICKETS FRESH PRIVACY POLICY
For more information about how we collect, use, and share your personal information, see TICKETS FRESH Privacy Policy at (LOOK INTO PRIVACY POLICY SECTION) You understand that through your use of TICKETS FRESH Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information.
5 USER CONTENT
You may be able to share content on or through the Services. You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TICKETS FRESH, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via TICKETS FRESH Services. If you choose to make Content available on or through the Services, you hereby grant us a fully paid, royalty-free, worldwide, non-exclusive right and license to use, sublicense, distribute, reproduce, modify, adapt, and display such Content (in whole or in part) for the purposes of (i) providing the Services, including making Content available to other users; and (ii) improving the Services. You also hereby grant each other Registered User of the Services a non-exclusive license to access your User Content through the Services, and to use, reproduce, distribute, display and perform such Content solely as permitted through the functionality of the Services and under these Terms. Ticketsfresh does not control, censor or fact- check the Content posted via TICKETS FRESH Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TICKETS FRESH be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via TICKETS FRESH Services.
By posting Content, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post, or otherwise display on or through the Services. You agree to not use TICKETS FRESH Services to:
1 upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, pornographic, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2 harm minors in any way;
3 impersonate any person or entity, including, but not limited to, a TICKETS FRESH official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4 forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5 upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6 upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7 upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
8 upload, post, email, transmit or otherwise make available any material that contains software viruses, malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
10 interfere with or disrupt the Services or servers or networks connected to TICKETS FRESH Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
11 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 USC §1189);
12 “stalk” or otherwise harass another; and/or
13 collect, store, transfer or sell personal informationabout other users.
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15 reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, in whole or in part, except as expressly permitted by us;
16 upload, post or store any materials that directly or indirectly contain viruses, corrupted files or any other similar harmful mechanism;
17 link to, mirror or frame any portion of the Services without our prior express written permission;
18 scrape, index, survey, or data mine any portion of the Services or unduly burden or hinder the operation of the Services; or
19 remove any notice of the proprietary rights of our licensors and us from any portion of the Services or printed version thereof.
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7 You acknowledge TICKETS FRESH may or may not pre-screen Content, but that TICKETS FRESH and its designees shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse, or remove any Content that is available via TICKETS FRESH Services. Without limiting the foregoing, TICKETS FRESH and its designees shall have the right (but not the obligation) to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not claim reliance on any Content created by TICKETS FRESH or submitted to TICKETS FRESH, including without limitation information in TICKETS FRESH Blogs and Comments and in all other parts of TICKETS FRESH Services. You acknowledge, consent and agree that TICKETS FRESH may access, preserve and disclose your personal information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of TICKETS FRESH, its users and the public.
You understand and acknowledge that TICKETS FRESH Services and software embodied within TICKETS FRESH Services may include security components that permit digital materials to be protected, and that the use of these materials is subject to usage rules set by TICKETS FRESH and/or content providers who provide content to TICKETS FRESH Services. You may not attempt to override or circumvent any of the usage rules embedded into TICKETS FRESH Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on TICKETS FRESH Services, in whole or in part, is strictly prohibited.
8 LIMITED LICENSE
You are hereby granted a limited, revocable, nonexclusive, nontransferable, nonassignable, non-sublicensable, “as-is” license to access and use the Services and related content for your own personal, non-commercial use; provided, however, that such license is subject to the Terms and does not include any right to (i) sell, resell, or use commercially the Services, (ii) distribute, publicly perform, or publicly display any content, (iii) modify or otherwise make any derivative uses of the Services, or any portion thereof, (iv) use any data mining, robots, or similar data gathering or extraction methods, (v) download (other than page caching) any portion of the Services, except as expressly permitted by us, and (vi) use the Services other than for their intended purposes. This license is subject to your compliance with these Terms below.
9 SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable Content. Use of TICKETS FRESH Services and transfer, posting and uploading of software, technology, and other technical data via TICKETS FRESH Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via TICKETS FRESH Services to parties identified on such lists; (b) agree not to use TICKETS FRESH Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via TICKETS FRESH Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
10 PROHIBITED USES
You may not attempt or cause to attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password “cracking,” or any other illegitimate means. You may not breach or cause to breach the security or authentication measures on the Services or any other systems or networks connected to the Services, or otherwise attempt to interfere with the proper functioning of the Services. You will not falsify your identity or impersonate another person engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to and will not assist another to:
11 EXTERNAL SITES
The Services may include hyperlinks to other websites or resources (collectively, the “External Sites”), which are provided solely as a convenience to our users. We have no control over any External Sites. You acknowledge and agree that we are not responsible for the availability of any External Sites, and that we do not endorse any advertising, products or other materials on or made available from or through any External Sites. Furthermore, you acknowledge and agree that we are not liable for any loss or damage which may be incurred as a result of the availability or unavailability of the External Sites, or as a result of any reliance placed by you upon the completeness, accuracy or existence of any advertising, products or other materials on, or made available from, any External Sites.
12 CONTRIBUTIONS TO TICKETS FRESH
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to TICKETS FRESH through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) TICKETS FRESH is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) TICKETS FRESH shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) TICKETS FRESH may have something similar to the Contributions already under consideration or in development; (e) your Contributions will automatically become the property of TICKETS FRESH without any obligation of TICKETS FRESH to you; and (f) you are not entitled to any compensation or reimbursement of any kind from TICKETS FRESH for Contributions under any circumstances.
13 INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless TICKETS FRESH from and against all actual or alleged third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement, and costs of or associated with pursuing indemnification and insurance), of every kind and nature whatsoever arising out of or related to these Terms or your use of the Services, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Services or Content; (b) any feedback you provide; (c) your violation of these Terms; (d) your violation of the rights of any third party, including another user; (e) any breach or non- performance of any covenant or agreement made by you; (f) your Content or Contributions; or (g) any off-chain benefits (including the furnishing, or any failure to furnish, or any acts or omissions of or attributable to you or any third party in respect of the same). You agree to promptly notify TICKETS FRESH of any third-party Claims and cooperate with TICKETS FRESH in defending such Claims. You further agree that TICKETS FRESH shall have control of the defense or settlement of any third- party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEU OF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOU AND TICKETS FRESH. The Organizer (as defined in Section 26), not TICKETS FRESH, is solely responsible for your ticket and/or merchandise purchases.
14 NO COMMERCIAL REUSE OF TICKETS FRESH SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, TICKETS FRESH Services (including Content, advertisements, and Software).
15 GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TICKETS FRESH may establish general practices and limits concerning use of TICKETS FRESH Services, including without limitation the maximum number of days that TICKETS FRESH Messenger, blog postings, posted comments or other uploaded Content will be retained by TICKETS FRESH Services, the maximum number of Tickets Fresh messages that may be sent from or received by an account on TICKETS FRESH Services, the maximum size of any email message that may be sent from or received by an account on TICKETS FRESH Services, the maximum disk space that will be allotted on TICKETS FRESH servers for your benefit, and the maximum number of times (and the maximum duration for which) you may access TICKETS FRESH Services in a given period of time. You agree that TICKETS FRESH has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by TICKETS FRESH Services. You acknowledge that TICKETS FRESH reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TICKETS FRESH reserves the right to modify these general practices and limits from time to time without notice.
16 MODIFICATIONS TO TICKETS FRESH SERVICES
TICKETS FRESH reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, TICKETS FRESH Services (or any part thereof) with or without notice. You agree that TICKETS FRESH shall not be liable to you or to any third party for any modification, suspension or discontinuance of TICKETS FRESH Services (or any part thereof).
17 TERMINATION
You may terminate your TICKETS FRESH account, any associated email address and access to TICKETS FRESH Services by submitting such termination request to TICKETS FRESH.
You agree that, in its sole discretion and with or without cause, TICKETS FRESH may, without notice, immediately terminate, limit your access to or suspend your TICKETS FRESH account, any associated email address, and access to TICKETS FRESH Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to TICKETS FRESH Services (or any part thereof), (d) unexpected or uncontrollable technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with TICKETS FRESH Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in TICKETS FRESH sole discretion and that TICKETS FRESH shall not be liable to you or any third party for any termination of your account, any associated email address, or access to TICKETS FRESH Services.
Termination of your TICKETS FRESH account includes any or all of the following: (a) removal of access to all or part of the offerings within TICKETS FRESH Services, (b) deletion of your password and all related information, files and Content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of TICKETS FRESH Services.
18 INTERNATIONAL ISSUES
We operate the Services from the United States of America. If you choose to access the Services from outside of the United States of America, you are responsible for complying with applicable local laws.
19 DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree TICKETS FRESH shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services. You further agree that TICKETS FRESH does not provide you with any warranty on advertisers’ goods or services.
20 LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that TICKETS FRESH is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that TICKETS FRESH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
21 TICKETS FRESH PROPRIETARY RIGHTS
You acknowledge and agree that the Services and any necessary software used in connection with the Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by TICKETS FRESH or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services, such Content or the Software, in whole or in part. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by TICKETS FRESH for use in accessing the Services.
22 DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1 YOUR USE OF THE SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TICKETS FRESH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2 TICKETS FRESH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU FROM ANY SOURCE THROUGH THE SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3 ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TICKETS FRESH OR THROUGH OR FROM THE SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
23 LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TICKETS FRESH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TICKETS FRESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TICKETS FRESH SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR MAXIMUM AGREGATE LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SERVICES, CONTENT (INCLUDING YOUR CONTENT), OR ANY ITEMS, PURCHASED, OR SOLD THROUGH THE SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO US BY YOU FOR THE SERVICES THAT IS THE SUBJECT OF THE CLAIM.
24 EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU. YOU AND TICKETS FRESH INTEND THAT EXCLUSIONS OR WARRANTIES AND LIMITATIONS ON DAMAGES SHALL BE ENFORCED TO THE GREATEST EXTEND PERMITTED BY LAW.
25 NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third-party beneficiaries to the Terms.
26 NOTICES AND OTHER COMMUNICATIONS
TICKETS FRESH may provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate the Terms by accessing the Services in an unauthorized manner. Your agreement to the Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner in accordance with this Terms.
You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We have no obligation to store for your later use or access any such electronic communications that we make to you.
27 TRADEMARK INFORMATION
You agree that all of TICKETS FRESH’s trademarks, trade names, service marks and other TICKETS FRESH logos and brand features, and product and service names are trademarks and the property of TICKETS FRESH. Without TICKETS FRESH’s prior permission or embeddable access from TICKETS FRESH web site, you agree not to display or use in any manner The FOAT Marks.
28 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
TICKETS FRESH respects the intellectual property of others, and we ask our users to do the same. TICKETS FRESH may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeatedly infringing on the rights and wellbeing of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TICKETS FRESH the following information:
1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
3 a description of where the material that you claim is infringed is located on the site;
4 your address, telephone number, and email address;
5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or exclusive licensee or are authorized to act on the copyright or intellectual property owner’s behalf.
29 TICKETS FRESH Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
30 Copyright
31 TICKETS FRESH
32 By email: info@ticketsfresh.com
33 FEES AND PAYMENT
Fees
As consideration for the services purchased by you and provided to you by TICKETS FRESH, you agree to pay TICKETS FRESH at the time you place your order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if your services are suspended, terminated, or transferred prior to the end of the services term (as defined below). TICKETS FRESH expressly reserves the right to modify pricing through email notification and/or notice on the Site. You must supply payment by providing a valid credit card. Your credit card on file must be kept valid or replaced by a valid credit card if you have any active services in your account. You are responsible for all taxes. Further terms and conditions relating to payment may apply.
In the event of any discrepancy in a sentence, paragraph, or statements made by an organization utilizing TICKETS FRESH online ticketing service, it is hereby acknowledged and agreed that any statement made in error or intentionally by said organization shall not supersede any fees and/or taxes associated with the ticketing service. For instance, in the case where an organization advertises “no fees with your purchase,” such statement shall not prevail over any fees otherwise imposed by TICKETS FRESH ticketing service. This provision ensures that the fees and taxes set by TICKETS FRESH ticketing service remain applicable and enforceable, irrespective of any conflicting statements made by the organization.
Monthly Payment Plan
If you signed up for a monthly service plan, your monthly billing date will be determined based on the day of the month you purchase the service(s) unless that date falls after the 28th of the month in which case your billing date will be the 28th of each month. TICKETS FRESH will automatically renew your monthly services when they come up for renewal and will take payment from the active credit card on file (Visa, MasterCard or American Express).
If for any reason TICKETS FRESH is unable to charge your credit card for the full amount owed to TICKETS FRESH for the services provided, your account will become suspended until resolution is met. If you pay by credit card and if for any reason TICKETS FRESH is unable to charge your credit card with the full charge of the services provided, or if TICKETS FRESH is charged back for any fee it previously charged to the credit card you provided, you agree that TICKETS FRESH may pursue all available remedies in order to obtain payment. You agree that among the remedies TICKETS FRESH may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any services registered or renewed on your behalf.
You agree that you are solely liable for arranging that your services are renewed, and that TICKETS FRESH shall not be liable to you or any third party if it is unable to charge your credit card in order to renew your services. All transactions are processed in US dollars. Any amounts to be charged will appear during the service ordering process.
Payment Processing
Payment processing services for TICKETS FRESH may be provided by a third party and are subject to that party’s terms and conditions. By agreeing to these Terms and using our payment services, you agree to be bound by the payment processor’s terms.
Refunds
For refunds, please see our Refund Policy.
34 TICKETS FRESH
Description of service
TICKETS FRESH ticket service provides a simple and quick means for registered users who are event organizers and owners to collect event registration fees for their events online through the Internet from registered members and guests who want to attend such events (“Buyers”). Organizers/owner may setup an account with TICKETS FRESH and collect event registration fees online directly from Buyers.
Ticket purchases
You agree to not hold TICKETS FRESH responsible for any problems associated with the event for which you purchased tickets. You agree that TICKETS FRESH is only responsible for providing ticket services for the event. Any dissatisfaction you have with the event during or after, please contact the event organizer/owner in these matters. TICKETS FRESH in its sole discretion has the right to refuse service. Any rewards program can be discontinued at any time without notification to you. When a ticket or merchandise is purchased, the organizer will possess the name, address, phone number and email address given during the checkout process. You agree that the organizer, in its sole discretion has the right to do what it desires with the information you agreed to provide at checkout. Your purchase on TICKETS FRESH will be considered opt-in for the organizer. You will not hold TICKETS FRESH liable for any use of the contact information by the organizer you provided willingly during the ordering process.
Refunds
Each event organizer sets their refund policy. Please click the refund policy link from the individual event you would like to attend for further details.
Event cancellation
Each event organizer sets their refund policy postponed events. Please click the refund policy link from the individual event you would like to attend for further details. By accepting this terms of service you release TICKETS FRESH, employees and agents from all claims and damages.
Postponed events
Each event organizer sets its own refund policy for canceled events. Please click the refund policy link from the individual event you would like to attend for further details. By accepting this Terms, you release TICKETS FRESH, and its affiliates, officers, directors, shareholders, employees and agents from all claims and damages in connection with any canceled events.
Ticket delivery
Tickets bought on TICKETSFRESH.COM will automatically appear in your My Tickets account if you are an active registered member. First, login to your TICKETSFRESH.COM account. Click “My Tickets” in the Manage section of your home control panel. You can also click “My Tickets” from the main Tickets section on TICKETSFRESH.COM. If you are not an active registered member of TICKETSFRESH.COM, you can view your tickets immediately after you make your purchase from the confirmation page or from your email confirmation. Please print your ticket and present it at the event venue for admission.
Service fees
TICKETS FRESH charges service fees with some tickets. The service fee is determined by the ticket price and advanced features enabled by the event organizer. The service fee increases slightly as the price of the ticket goes up. Service fees are non-refundable, including fees for events that are canceled or postponed. The service fee will be reflected for your review during the ordering process.
In the event of any discrepancy in a sentence, paragraph, or statements made by an organization utilizing TICKETS FRESH online ticketing service, it is hereby acknowledged and agreed that any statement made in error or intentionally by said organization shall not supersede any fees and/or taxes associated with the ticketing service. For instance, in the case where an organization advertises “no fees with your purchase,” such statement shall not prevail over any fees otherwise imposed by TICKETS FRESH ticketing service. This provision ensures that the fees and taxes set by TICKETS FRESH ticketing service remain applicable and enforceable, irrespective of any conflicting statements made by the organization.
Exchange Rate
All orders are made in USD. All refunds are made in USD. If a refund is requested, TICKETS FRESH will refund that exact amount of the order in USD at the time the order was placed, excluding credit card fees. For example, if your order is $100 USD and a refund is requested, we will refund exactly $100 in USD. International orders (international order is defined as a customer with a billing address outside of the United States) may be subjected to exchange rates. Your bank / credit card company, not TICKETS FRESH, determines the exchange rate. TICKETS FRESH does not determine the amount that will be taken from your account after the exchange rate occurs. Additionally, if a refund is requested, TICKETS FRESH will be refunding the exact amount of USD at the time of the original order (please see $100 order example above). But your bank / credit card company may possibly determine a different amount in your currency after the refund. You will not hold TICKETS FRESH or its partners liable for any difference in funds your bank / credit card company determines how the exchange rate in your currency is given.
Ticket purchasing with credit card
You must enter your credit card billing information exactly as it appears on your monthly statement. Failure to accurately enter your billing information may result in the transaction not being completed properly. We accept Visa, MasterCard, Discover and American Express. All transactions will post TICKETS FRESH on your billing/bank statement.
Event organizer/owner termination
If an event organizer/owner violates any of the terms of service they can be terminated from TICKETS FRESH ticket service at the sole discretion of TICKETS FRESH.
Ticket Sub-Domains
If you are using the service as an Organizer/Owner, TICKETS FRESH may provide you with the right to use a sub-domain within the Site (e.g., TICKETSFRESH.COM /[sub- domain prefix]). All such sub-domains are the sole property of TICKETS FRESH. In the event TICKETS FRESH provides you with a sub-domain, your right to use such sub- domain may be terminated by TICKETS FRESH at any time (with or without notice) for any reason or no reason.
35 MERCHANDISE
All sales are final on merchandise sales
No refunds will be given by TICKETS FRESH on the sales of merchandise.
36 GENERAL INFORMATION
Entire Agreement
The Terms and the documents expressly incorporated herein constitute the entire agreement between you and TICKETS FRESH and govern your use of the Services, superseding any prior version of the Terms between you and TICKETS FRESH with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other the Services, affiliate services, or third-party content.
Choice of Law and Forum
You and TICKETS FRESH each agree that the Terms and the relationship between the parties shall be governed by the laws of the State of New York without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the Terms, or the relationship between you and TICKETS FRESH, shall be brought exclusively in the courts located in the county of Suffolk, State of New York or the U.S. Central District Court of New York. Through your registration for the Services account, you and TICKETS FRESH agree to submit to the personal jurisdiction of the courts located within the county of Suffolk, State of New York and the Central District of New York, and agree to waive any and all objections, including but not limited to forum non conveniens, to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms
The failure of TICKETS FRESH to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision and shall not bar TICKETS FRESH from exercising or enforcing any such right or provision in another instance. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability
You agree that your TICKETS FRESH account is non-transferable and any rights to your TICKETS FRESH account or contents within your account terminate upon your death or incapacity. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action first accrued or be forever barred.
Headings
The section titles in the Terms are for convenience only and have no legal or contractual effect.
37 VIOLATIONS
Please report any violations of the Terms to info@ticketsfresh.com
38 CONTACT US
info@ticketsfresh.com