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Terms and Conditions
Ticketjunior.COM
TERMS AND CONDITIONS OF USE
THIS
TERMS AND CONDITIONS OF USE AGREEMENT
("TCU" or "Agreement")
is made by and between Ticketjunior.com
LLC., a Georgia company, with a
principal place of business at PO Box 3001
Tucker, Georgia
30085.
In
this Agreement, the following words
and expressions shall have the following
meanings:
"Company,"
"Ticketjunior," "We,"
"Us," or "Our"
means Ticketjunior LLC.
“You”
and “your” means you the user
of Ticketjunior services..
Your
website, as specified in your
registration form is your on-line
link operated by you and from
which you will provide a link
to our website (http://www.ticketjunior.com).
SPECIAL
NOTE: This Agreement, which may
be updated from time-to-time at
Our sole discretion.
You
hereby agree as follows:
BY
USAGE OF THIS SITE, YOU REPRESENT
THAT YOU HAVE READ AND UNDERSTAND
THIS AGREEMENT AND THE WEBSITE'S
PRIVACY
POLICY
, HEREBY INCORPORATED
BY REFERENCE, AND EXPRESSLY AGREE
TO, AND CONSENT TO BE BOUND BY,
ALL OF THE TERMS AND CONDITIONS
CONTAINED THEREIN. THIS AGREEMENT
SHALL HAVE THE SAME LEGAL EFFECT
AND FORCE AS A WRITTEN AND SIGNED
DOCUMENT. IF YOU DO NOT AGREE TO
ALL OF THE TERMS AND CONDITIONS,
YOU MUST CEASE USING THIS SITE.
ANY VIOLATION OF THIS AGREEMENT
CAN RESULT IN ACTIONS BY US INCLUDING,
BUT NOT LIMITED TO, TERMINATION
OF YOUR ACCESS AND RIGHT TO USE
THE SITE, CANCELLATION OF YOUR TICKET
ORDER, AND/OR REMOVAL OF YOUR EVENT
LISTING.
License.
Subject to the terms and conditions
set forth in this Agreement, We
agree to provide You with access
and use of Our site.
Payment.
You agree to pay us for the Services
at the prices or as otherwise
provided in the Event Service
Agreement and Price Lists
on our web site. You agree to
pay all taxes, surcharges, assessments,
and other fees that are related
to the Service.
Accessibility.
You understand and agree that
the site may, at times, be inaccessible
or inoperable for any reason,
including, but not limited to:
(i) equipment or communications
malfunctions; (ii) periodic maintenance,
repairs, or administrative reviews
which We may undertake from time-to-time;
or (iii) causes beyond Our control
or which are not reasonably foreseeable
by Us.
Equipment.
You shall be solely responsible
for providing, maintaining, and
ensuring compatibility with the
site, all hardware, software,
electrical, and other physical
requirements for Your use of Our
site, including, but not limited
to, telecommunications and internet
access connections and links,
web browsers or other equipment,
and programs or services required
to access and use the site.
Proprietary
Rights. All or portions of
this site are proprietary to Us
and are protected by intellectual
property laws and/or treaties,
including, but not limited to,
copyright, trademark, service
mark, and patent laws. You agree
to use this site for your own
personal use only and shall not
copy, duplicate, display, transmit,
distribute, modify, or prepare
derivative works for any other
purpose unless We give You express
written permission to do so.
No
Redistribution or Resale.
You agree not to reproduce, duplicate,
copy, sell, resell, lease, distribute,
redistribute, or exploit for any
commercial purposes, any portion
of the site, its use, or any access
to it.
No
Interference.
You agree that You shall not use,
implement, or employ, or directly
or indirectly aid, encourage,
or solicit anyone else from using,
implementing, or employing any
automated or manual device, process,
or program (e.g. robot, spider,
spyware, etc.) designed to monitor,
observe, track, gather, copy,
or transmit any of the content
or user information contained
on Our site without Our express
written permission. You further
agree that You shall not use,
implement, or employ, or directly
or indirectly aid, encourage,
or solicit anyone else from using,
implementing, or employing any
automated or manual device, process,
or program that interferes or
attempts to interfere with the
operation of Our site.
Linking
and Framing. You agree not
to bypass the home page of Our
site and "deep-link"
to any other websites or frame
Our content within another website
or other medium without Our express
written permission. Our site may
also provide links to other web
sites. These links are not intended
to imply sponsorship, affiliation,
or endorsement. We do not exercise
any control over these other sites.
We are not responsible or liable,
either directly or indirectly,
for the availability or accessibility
of these other sites, any transmissions
initiated by or between You and
the other site, any of the content
posted on the other site, or your
reliance upon such content.
Unacceptable
Uses. You are solely responsible
for any and all acts and omissions
that occur while You use this
site, and You agree not to engage
in unacceptable use of the site,
which includes, but is not limited
to, use of the site to: (a) disseminate,
store or transmit unsolicited
messages, chain letters, or unsolicited
commercial e-mail (also known
as "spam"); (b) disseminate
or transmit material that, to
a reasonable person, may be abusive,
obscene, pornographic, defamatory,
harassing, grossly offensive,
vulgar, threatening, or malicious;
(c) disseminate, store, or transmit
files, graphics, software, material,
or other content that actually
or potentially infringes the copyright,
trademark, patent, trade secret,
intellectual property rights,
or rights of privacy or publicity
of any person or instruct any
person how to do so; (d) create
a false identity or to otherwise
attempt to mislead any person
as to the identity or origin of
any communication; (e) impersonate
any person or entity, including,
but not limited to, a Ticketjunior
employee or agent; (f) export,
re-export or permit downloading
of any message or content in violation
of any export or import law, regulation
or restriction of the United States
and its agencies or authorities,
or without all required approvals,
licenses or exemptions; (g) interfere,
disrupt, or attempt to gain unauthorized
access to other passwords or accounts
on the site or any other computer
network; (h) disseminate, store
or transmit viruses, trojan horses,
or any other malicious code or
program; (i) harm minors in any
way; (j) solicit personal information
from anyone under eighteen (18)
years of age; (k) solicit confidential
information; (l) interfere with
or disrupt the site or the servers
or network connected to provide
service to the site; (m) provide
instructional information about
illegal or unlawful activities
(l) "stalk" or otherwise
harass another person; (m) intentionally
or unintentionally violate any
applicable local, state, national
or international law; (n) engage
in outside commercial or business
activities without Our express
written consent; and/or (o) engage
in any other activity deemed by
Us, in Our sole discretion, to
be unacceptable when using this
site or in conflict with the spirit
or intent of this Agreement. Any
violation of this section can
result in termination of Your
account and/or license to use
this site and any ticket orders
and/or Event listings that You
place with Us, as well as other
legal action. We will not routinely
attempt to match Your personally
identifiable information to Your
usage of the site or to other
information in our possession.
However, in instances where We,
in our sole discretion, suspect
or determine that the site is
being used for any unacceptable,
inappropriate, or illegal purposes,
personally identifiable information
relating to Your use of this site
may be disclosed to other parties
as We deem appropriate. Such information
may also be disclosed pursuant
to any authorized law enforcement
investigation, regardless of whether
it was initiated by Us or by another
party.
Digital
Millennium Copyright Act Compliance.
If You believe that a work protected
by a U.S. copyright which You
own has been posted or stored
on Our site without Your authorization,
You may contact Our agent(s) as
follows: Via U.S. mail, at the
address listed above; via e-mail,
legal@Ticketjunior.com.
Please include information sufficient
to identify the work, its location
on Our site, when you accessed
it, and Your copyright information.
It is Our policy is to terminate,
in appropriate circumstances,
the access rights to Our site
of repeat infringers.
Privacy.
Your information is collected
and utilized pursuant to Our Privacy
Policy,
incorporated by reference herein.
We do not knowingly collect information
from children. This site is intended
for use by adults only.
Representations
and Warranties. You represent
and warrant the following: (i)
You are over eighteen (18) years
of age; (ii) You have the right,
power, and authority to enter
into and perform this Agreement;
(iii) You will not use Our service
or website for any unacceptable
uses, as partially listed in Section
Eight (8); (iv) You will not use
Our website or service to violate
any federal, state, and/or local
law; and (v) You will only use
Our website or service to transmit
and disseminate information reasonably
related to Your ticket purchase
and/or Event information.
Disclaimer
of Warranties. THE TICKETJUNIOR
SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. USE OF THE
SERVICE IS AT YOUR SOLE RISK.
WE MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO: (A) ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE; (B)
THAT THE SITE, OR THE SERVICE
PROVIDED BY US, WILL MEET YOUR
REQUIREMENTS; (C) THAT THE SITE
WILL BE SECURE, UNINTERRUPTED,
ACCESSIBLE, OR ERROR-FREE; AND/OR
(D) THAT ANY INFORMATION OR MATERIAL
OBTAINED FROM THE SITE WILL BE
ACCURATE, RELIABLE, COMPLETE,
OR FREE FROM VIRUSES OR OTHER
FORMS OF MALICIOUS OR DESTRUCTIVE
CODE. NO ADVICE OR INFORMATION
OBTAINED BY YOU FROM US, WHETHER
IN ORAL, WRITTEN, OR ELECTRONIC
FORM, RELATING TO YOUR USE OF
THIS SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation
of Liability. UNDER NO CIRCUMSTANCES
SHALL WE BE LIABLE TO YOU OR ANY
OTHER PERSON FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR PUNITIVE DAMAGES FOR ANY MATTER
ARISING FROM OR RELATING TO THIS
AGREEMENT, THE SITE OR SERVICE,
OR THE INTERNET GENERALLY, INCLUDING,
BUT NOT LIMITED TO: (A) YOUR USE
OR INABILITY TO USE THE SITE;
(B) ANY CHANGES TO OR INACCESSIBILITY
OF THE SITE; (C) ANY DELAY, FAILURE,
UNAUTHORIZED ACCESS TO, OR ALTERATION
OF, ANY TRANSMISSION OR DATA;
(D) ANY CONTENT OR DATA TRANSMITTED
OR RECEIVED OR NOT TRANSMITTED
OR RECEIVED; (E) ANY CONTENT OR
DATA FROM A THIRD PERSON ACCESSED
ON OR THROUGH THE SITE; AND (F)
ANY PROBLEMS OR DIFFICULTIES THAT
ARISE PERTAINING TO THE ISSUANCE
OR PROCESSING OF TICKETS OR WITH
THE EVENT ITSELF, WHETHER SUCH
LIABILITY IS ASSERTED ON THE BASIS
OF CONTRACT, TORT OR OTHERWISE.
SOME STATES PROHIBIT THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THUS THIS
LIMITATION OF LIABILITY MAY NOT
APPLY TO YOU. YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE LIMITED TO ONE
DOLLAR ($1.00) OR THE AN AMOUNT
NOT TO EXCEED THE UNBILLED CHARGES
YOU WOULD HAVE PAID TO USEITHER
WHICHEVER IS GREATER, AND SHALL
NOT EXCEED THAT AMOUNT.
Indemnification.
You agree to indemnify, hold harmless,
and defend Us, Our directors,
employees, and agents from and
against any action, cause, claim,
damage, debt, demand or liability,
including reasonable costs and
attorney's fees, asserted
by any person, arising out of
or relating to: (a) this Agreement
and/or any breach by You thereof;
(b) Your use of the site, including
any data, content, or material
transmitted or received by You;
(c) any unacceptable or objectionable
use of the website, as we determine
in Our sole discretion; (d) any
negligent or willful misconduct
by You; and (e) as otherwise provided
in this Agreement.
Integration
and Conflicting Terms. This
Agreement, the Privacy Policy,
and the Ticket Purchasing and/or
Seller's Agreement, if applicable,
constitute the complete and exclusive
statement and agreement between
Ticketjunior and You with respect
to use of this site and supersedes
any and all prior or contemporaneous
communications, representations,
statements, agreements, and understandings,
whether in oral, written, or electronic
form, between You and Us concerning
the use of the site and Our service.
The terms of this Agreement and
the terms of the Ticket Purchasing
and/or Ticketing Services Agreement
(collectively, "Other Agreements")
shall be construed as consistent
with each other whenever possible,
but if such construction is unreasonable
due to conflicting terms, the
terms of the Other Agreements
shall control.
Termination.
Except as provided in the Other
Agreements, if applicable, We
may terminate your right to access
this site at any time and without
notice, in our sole discretion.
Waiver.
No waiver of any term, provision
or condition of this Agreement
and/or the privacy policy, whether
by conduct or otherwise, in any
one or more instances, shall be
deemed to be, or shall constitute,
a waiver of any other term, provision
or condition hereof, whether or
not similar, nor shall such waiver
constitute a continuing waiver
of any such term, provision or
condition hereof. No waiver shall
be binding unless executed in
writing by the party making the
waiver.
Modification
and Amendment. We have the
right, at any time and without
notice, to add or modify the terms
of this Agreement. Your access
to or use of the site after the
date such amended terms are added
shall be deemed to constitute
acceptance of such amended terms.
No modification made by You shall
be binding upon Us unless it is
made in writing and signed by
Us.
Force
Majeure. Ticketjunior shall
not be held responsible for any
delay or failure in performance
of any part of our Service or
of any of these terms or conditions,
if applicable, caused by accident
or casualty, fire, flood, lightning,
meteorological phenomenon, power
failure, severe weather, explosion,
war, national emergencies, civil
disobedience, delay in transportation,
failure of suppliers to deliver
equipment, shortage of labor or
materials, strike or other concerted
acts of workers (whether of BellSouth
or others), embargo, government
requirement or other civil or
military authority, act of terrorism,
act of God, or unnamed events
or acts otherwise known as force
majeure, acts of any third
party, or other similar causes
beyond Ticketjunior’s control,
which prevent or hinder the delivery
of our service. If any such Condition
occurs, Ticketjunior may elect
to immediately terminate any Service
without notice.
Severability.
If any one or more of the provisions
contained in this Agreement shall
for any reason be found to be
invalid, illegal, or unenforceable
in any respect, said finding shall
not affect the remaining provisions
of this Agreement, which shall
be enforceable to the fullest
extent permitted by law.
Arbitration.
Any controversy or claim arising
out of or relating to this Agreement
or a breach thereof, with the
exception of any injunctive or
equitable relief sought by Us
for any violation of this Agreement,
shall be submitted to binding
arbitration in Philadelphia, Pennsylvania
in accordance with the rules and
procedures of the American Arbitration
Association ("AAA"),
with the exception of any conflicts-of-law
provisions.
Governing
Law and Forum. This Agreement
is made in, and shall be governed
by, the laws of the state of Georgia
excluding its conflicts-of-law
provisions. If, for any reason,
the Arbitration provision contained
in Section Twenty-Two (22) shall
be found to be invalid or unenforceable
in any respect, or You decide
to challenge the arbitrator's
decision or this Agreement, or
We initiate equitable proceedings,
all actions, claims, or disputes
arising under or relating to this
Agreement shall be brought in
the federal or state courts of
Philadelphia, Pennsylvania. You
irrevocably submit and consent
to the exercise of subject matter
jurisdiction and personal jurisdiction
over you by the federal and/or
state courts in Pennsylvania.
You hereby irrevocably waive any
and all objections which You may
now or hereafter have to the exercise
of personal and subject matter
jurisdiction by the federal or
state courts in Pennsylvania and
to the venue of any such suit,
action, or proceeding brought
in any federal or state court
in Atlanta, Georgia.
Remedies.
In order to avoid irreparable
injury to Us, in the event of
any breach or threatened breach
by You of the provisions of this
Agreement, We shall be entitled
to an injunction and/or other
equitable relief restraining such
breach. Nothing in this Agreement
shall be construed as prohibiting
Us from pursuing any other remedies
available to Us for such breach
or threatened breach, including
the recovery of monetary damages
from You.
Notice.
Except as provided herein, all
notices relating to the site,
Your use thereof, this Agreement,
and/or the privacy policy sent
by either party shall deemed to
be delivered when sent via e-mail
to the other party's last
known e-mail address.
Survivability.
The respective rights and obligations
of the parties under Sections
Eleven (11) through sixteen (16),
inclusive, and Sections Twenty-Two
(22) and Twenty-Three (23) and
as otherwise provided in this
Agreement, shall survive any termination
or expiration of this Agreement.
Lawful, Legal and Ethical. You agree to use our
system in accordance with all applicable country, state, regional and local laws and ordances. Additionally you also agree to
use our system for ethical, moral and up right intentions. Failure to abide by either laws or ethical intentions
will result in immedate termination of your account in our system.
Headings
and Order. The headings and
sequential order of the sections
contained in this Agreement are
for convenience or reference only
and shall have no substantive
or procedural effects in construing
the provisions of this Agreement.
EFFECTIVE
AS OF: Monday, January 07, 2008
I have read and agree to the terms and conditions.