TIXLIST TERMS OF SERVICE
Welcome to TixList
By using the TixList.com web site (”Service”), in any manner, including viewing content, you agree to be bound by the terms and conditions of this contract (the “Terms of Service” or “Agreement”)between you and TixList (whether or not you choose to become a member). Your access to and use of the Service is expressly conditioned on your compliance with these terms and conditions, and is governed by this Agreement.
TixList is the web site for the exclusive use of the members of TixList, designed to connect ticket buyers and sellers. For more information about TixList, see the web site at www.TixList.com. The Service is owned and operated by TixList, a Massachusetts limited liability company located at 1365 Boylston St, Boston, MA 02215. TixList operates a web site, www.TixList.com (the “web site”), which is designed to assist its members throughout their term of membership.
TixList Member: You are a person or entity, or represent a person or entity, which may be interested in purchasing tickets from a TixList listing. There is no charge for membership. TixList reserves the right to update, change or modify these Terms of Service. Any new features that augment or enhance the current Service shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. TixList is not liable to you or any third party for any suspension or discontinuance of the Service. Your use of the TixList Service indicates that you accept and are bound by this Agreement. Please note that this Service Agreement limits our liability and we do not provide warranties for the Service. This Service Agreement also limits your remedies. These warranty disclaimers and limitations are covered in Sections 6 and 9.
2. Trademark and Copyright Protection;
3. Activation and Use.
3.1 Access of TixList.com. In order to access the TixList.com web site, you need not be a member of TixList. To post Tickets for Sale, you log onto the Home Page and post your ticket listing. You must provide direct contact information, in which case the TixList Members will contact you directly to discuss your ticket listing. Only those listings which are precisely filled out will be forwarded. TixList takes no responsibility for such listings which are not forwarded either because of technical difficulties or because the user did not correctly fill out the form. Members access the service by registering. Upon registering, members will receive, from time to time, email listings of Tickets for Sale submitted via the TixList.com website. If a Member is interested in purchasing tickets, they will directly contact the individual responsible for submitting the ticket listing. The Member may not utilize any information contained within the Ticket Listing for any other purpose.
3.1.1. Notification of Unauthorized Use. You agree to immediately notify TixList of any unauthorized use of the Service or any other breach of security. TixList cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
3.2. TixList Rules:
1. You will get at minimum one email per day, two when volume dictates. Each email will list tickets for sale in the Boston area with appropriate contact info to reach the seller.
2. Do not SPAM ticket sellers with off-topic emails in response to their ticket listing.
3. You MAY forward listings to friends, but DO NOT post them on blogs or anywhere on the web.
4. You’re not allowed to harvest the email addresses in the TixList emails for any reason.
3.3. Impermissible Uses. You understand that you may not:
* modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, TixList;
* reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the TixList email or similar notification, the look and feel of the TixList website, and the contents of the web pages of the site) of the Service, use of the Service or access to the Service without the express written permission of TixList, LLC;
* verbally, physically, or otherwise abuse (including threats of abuse or retribution) any Member or TixList, LLC employee, agent or officer;
* upload, post, host, or transmit unsolicited email, SMSs, or spam messages;
* transmit worms or viruses or any code of a destructive nature;
* as a Member, utilize the information provided in a Ticket Listing other than to provide a relevant response to the Ticket Listing;
* violate the TixList Rules set forth in section 3.2, above;
* violate any applicable federal, state or municipal laws or regulations; or,
* plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including libel, slander or invasion of rights of privacy, publicity or “moral rights” (”droit moral”).
To do any of the above constitutes a breach of this Agreement.
3.4. Deactivation/Remedies. TixList, LLC reserves the right to deactivate any Member account that is used in breach of this Agreement. See also Section 7, which is incorporated herein, for a full description of remedies for member breaches of this Agreement.
3.5. Confidentiality. You agree to keep confidential all information that was provided to you in confidence.
3.6. No abuse. You are responsible for all usage or activity of your TixList.com membership account. Any fraudulent, abusive (which includes, but is not limited to violations of Section 3.3 hereof), or otherwise illegal activity may be grounds for termination of your account and other remedies as set forth in Section 7, hereof, at our sole discretion, and you may be referred to appropriate law enforcement agencies.
3.7. Representations, warranties and covenants. You represent, warrant and covenant that you will not use the Service for any illegal or unauthorized purpose and will not sue TixList or the Service and if you submit Ticket Listings or register to receive emails as a Member, that you:
* are at least 18 years of age;
* are human. Accounts accessed by “bots,” spiders, or other automated methods are not permitted;
* understand that the technical processing and transmission of the Service, including your content may be transmitted unencrypted and involve (a) transmission over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks and devices;
* understand that TixList cannot guarantee the identity of any other users with whom you may interact in the course of using the TixList Services. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe;
* you will use the Service in a manner consistent with any and all applicable laws and regulations. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. You are solely responsible for your interactions with other members. As a Member you will only contact the individual Listing Tickets with relevant responses to the specific Ticket Listing. We have no obligation to monitor and/or mediate disputes between You and other members;
* You are solely responsible for the content or information You transmit to other members. You will not post on the Service, or transmit to other members or to Us or our employees, officers, directors and agents, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including but not limited to, intellectual property rights, trade secrets, and rights of privacy and publicity) or is subject to an enforceable privilege (including, without limitation, attorney-client or trade secret privileged material); and,
* In connection with such User Content, you warrant and represent to TixList that you have all rights, title and interests necessary to provide such User Content to TixList, and that your provision of the User Content to TixList shall not infringe any third party’s proprietary or personal rights, including but not limited to any trademark, copyright, patent, or trade secret.
* You agree that TixList has no responsibility or liability for the deletion, corruption or failure to post, store and/or forward any messages or other content (and/or to do so in a timely manner),including, without limitation, Ticket Listings, maintained or transmitted by the Service.
3.8. Monitoring and Enforcement. While TixList, LLC has the right to monitor activity and content associated with the Service, we are not obligated to do so. And since we do not, and may not have the ability to control or actively monitor content, we do not guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using the Service, you may be exposed to content that you find offensive or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we 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, access to, or denial of access to any content on the website.
3.9. User Responsibilities.
You agree that you:
* are responsible for your own use of the Service;
* will not share any confidential or privileged information received from the Service with any third parties;
* will not use information received from the Service, such as contact information, to contact Members based upon the information obtained from the Service for any reason other than to specifically respond to Ticket Listings posted with, what you believe to be, in good faith, relevant information;
* will not falsely state, impersonate, or otherwise misrepresent your identity; and,
* will not upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
3.10. Changes and Discontinuances. We may change or discontinue any part of this Service, without notice, at any time, at our sole discretion.
While TixList maintains backups of its servers, it can not warrant or represent that such backups will provide full or partial coverage of the contents uploaded by you (see Sections 3 and 6, hereof, which is incorporated herein). Accordingly, you are responsible for maintaining all backups of any data you upload.
5. Grant of Limited License / Additional Terms of Service.
5.1. You are granted a nonexclusive, non-concurrent, nontransferable, limited license to access the Service. Your responsibility extends to all activity and use under any member account information (e.g., email) that you use.
5.2. You may use the TixList functionality provided on the Service only via TixList.com and may not download, copy, reuse or distribute that functionality.
5.3. TixList reserves the right to monitor use of the Service to ensure compliance with these Terms of Service. If it is determined you are not in compliance with this Agreement, TixList reserves the right to take appropriate action including, but not limited to, suspension or termination of your account.
5.4. You may not copy, modify, reproduce, retransmit or otherwise utilize the Content in any other fashion or for any other purpose without the express written permission of the Content’s owner. You may only link to the Site for the purpose of directing other users to the Site, and must remove any link to the Site immediately on request from TixList.
5.5. You hereby grant TixList a worldwide, perpetual, non-exclusive, transferable, fully-paid license to use, copy, perform, or revise any content provided by you to TixList via the Site or via electronic mail (which is referred to in these Terms as “User Content”), including but not limited to any Ticket Listing to be distributed via the Services.
6. Limited Warranties/Limitation of Liability/Etc.
6.1. You understand that TixList.com uses third party vendors for hardware and the hosting of the Service.
6.2. Your use of the Service is at your sole risk. The service is provide on an “as is” and “as available” basis. You understand that TixList.com uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology to run the Service.
6.3. TixList.com does not warrant that (i) the Service will meet your specific requirements; (ii) the service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through this Service will meet your expectations; (v) that all Ticket Listings submitted by Ticket Sellers will be posted and/or be posted in a timely manner; (vi) that all responses to Ticket Listings posted anonymously will be timely; and, (vii) any errors in the Service will be corrected.
6.4. Due to the number of Ticket Sellers from which information on the Service is obtained, and the inherent hazards of electronic distribution and the Internet, there may be delays, omissions, or inaccuracies in obtaining or accessing such information and the Service. TixList, LLC disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information accessed through the Service. TixList.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material.
6.5. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SERVICE.
6.6. THE SERVICE IS PROVIDED ON AN “AS-IS”, “AS AVAILABLE” BASIS. TIXLIST.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE SERVICE, OR THE SERVICE ITSELF. NEITHER TIXLIST.COM, NOR ANY OF ITS AFFILIATES, AGENTS, OR LICENSORS, SHALL BE LIABLE TO THE SUBSCRIBER OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN DELIVERING THE SERVICE AND ANY INFORMATION THROUGH THE SERVICE. IN NO EVENT WILL TIXLIST.COM, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY THE YOU IN RELIANCE ON SUCH INFORMATION, OR FOR DIRECT, CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUBSCRIBER AGREES THAT THE LIABILITY OF TIXLIST.COM, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE), IN ANY WAY CONNECTED WITH THE SERVICE OR THE INFORMATION IN THE SERVICE, SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.
6.7. TixList shall also have no responsibility or liability for any content created or posted by you or other third parties, as either a Ticket Buyer or Ticket Seller.
You agree to defend, indemnify, and hold harmless TixList, LLC, its employees, officers, directors, affiliates, contractors, attorneys, and agents (”Indemnitees”) against all claims, demands, expenses, liabilities, losses, costs, and damages, including reasonable attorney’s fees, that the Indemnitees may incur (i) in connection with your use of the Site or any hyperlinked web site (ii) resulting from your violation of any of your representations, warranties or obligations under this Agreement; (iii) content you submit, post, transmit, or make available through the Service, (iv) your use of the Service, (iv) your connection to the Service, (v) your violation of the Service Agreement or (vi) your violation of any rights of another including but not limited to another’s copyright, patent, trademark, trade secrets, or other intellectual property right.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TIXLIST, LLC, ITS EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, AFFILIATES, ATTORNEYS AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, 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 TIXLIST, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL TIXLIST’s (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, CONTRACTORS, ATTORNEYS AND AGENTS) TOTAL CUMULATIVE DAMAGES EXCEED US$100.
10. Monitoring and Disclosure
We may disclose content and information about you, including contents of communications, if we deem it reasonably necessary to: (1) conform to legal requirements or respond to legal process; or (2) protect the rights, property, personal safety or interests of any of the Council members, TixList, LLC and/or its employees, officers, directors, contractors, attorneys and agents, its customers, or the public.
As a TixList Member or Ticket Seller, you are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on or through the TixList.com site and/or as a result of a posting on the TixList.com. By posting your content on the Service, or responding to a posting on the site, you grant us a license to copy, distribute, modify and publicly display content that you post on the service. The purpose of this license is to serve the mechanical and electronic requirements of maintaining the website and its associated syndication technologies. This license does not extend to any use outside of this scope. This license is granted and in force as long as the content exists on the site. Your use of the service is in consideration for this license, we will not otherwise pay you for your content. You represent and warrant that you have not granted and will not grant any rights inconsistent with this license.
12. Proprietary Rights
TixList, LLC owns and retains, to the fullest extent of the law, all rights in the Service including but not limited to its copyrighted material, trademarks, patented processes, trade secrets, and other proprietary information. You will not distribute, transmit, transfer, offer, copy, publish, display, modify, or sell, assign, or sublicense any portion of the Service, its code, or any proprietary information on the Service, or any intellectual property or other proprietary right in any of the foregoing. You will not reverse engineer, reverse assemble, or otherwise attempt to discover any source code or proprietary information, or obtain unauthorized access to the Service. The foregoing does not apply to user content.
13. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Fees and Payments
At the present time there is no fee for the use of the service by TixList Members or Ticket Sellers. At the present time TixList does not intend to charge for the use of the Service, except as to advertisers who pay TixList a fee for sponsorship and/or other advertising. TixList, LLC reserves the right at any time to change fees for access to portions of the Web site or the Web site as a whole. However, in no event will you be charged for access to the Web site unless we obtain your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. You shall pay all applicable taxes relating to use of the Web site through your account.
15. E-mail and Public Communications
“Communications” means letters, e-mails, postings, responses to postings, or other types of communications to the editors, Webmaster(s) or employees of TixList.com, and messages posted in connection with discussions on the Web site including the response to Ticket Listings. You shall not upload to, distribute through, or otherwise publish through a Forum on the Web Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, privileged, trade secret, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law.
You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services, except with regards to the provision of relevant information in response to a specific Ticket Listing.
16.1. This Agreement is governed by the law of the State of Massachusetts, without regard to its principles on conflicts of laws, and the federal law of the United States of America. Any action to enforce this Agreement and all disputes relating to or arising from this Agreement shall be brought in the federal or state courts located in Suffolk County, State of Massachusetts, to which jurisdiction and venue you and TixList, LLC irrevocably consent. No other court shall have jurisdiction. If there is a determination that any provision of these Terms of Service is invalid or unenforceable, that determination will not affect the rest of the Terms of Service and the Terms of Service shall be deemed amended to the minimum extent necessary to make them valid and enforceable. No cause of action arising out of or related to the TixList.com web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
16.2. The failure of TixList, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by TixList, LLC.
16.3. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and you do not have any authority of any kind to bind TixList.com in any respect whatsoever.
16.4. Official correspondence must be sent via postal mail to:
1365 Boylston St
Boston, MA 02215
16.5. If you have any questions regarding these Terms of Service, please contact TixList.com at info at TixList dot com.
16.6. These Terms of Service, as presently in effect, and as modified from time to time, constitute the entire agreement between the parties with respect to the subject matter hereof and govern your use of the Service. It supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, prior versions of the Terms of Service).
16.7. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format.
16.8. You will not assign or transfer this Agreement or rights, or delegate these duties, without the prior approval of TixList. TixList will have the right to assign this Agreement and rights and delegate its duties in connection with a merger, reorganization, or sale of substantially all of its assets (or of those assets relating to the Service). This Agreement will bind successors and permitted assigns.
16.9. This Agreement is in electronic form. There may be other information regarding the Service that the law requires us to send you. You consent to TixList, LLC’s sending you this information in electronic form. You have the right to withdraw this consent by notice to us, but if you do, you must stop using this Service. We may provide required information to you by email at the your registered address or by access to TixList.com or another website designated in an email notice or generally designated in advance for this purpose. Notices provided to you via email will be deemed given and received on the transmission date.
Effective December 5, 2009