ANYTICKETS.COM
Events BSB Company, L.L.C created the
following ticket agreement in order to clarify the terms and conditions
upon which its web site is used.
Introduction and Definitions
Anytickets.com is
the online service operated by Events BSB Company, L.L.C on the World Wide Web
of the Internet, consisting of ticketing services, ticketing resources,
and related content provided by the Company, and by third parties.
"Subscriber" means every person who establishes a connection for access
to and use of Anytickets.com. Anytickets.com is a
private, independently owned company, and is not associated with
Ticketron, Ticketmaster, Tickets.com or any other ticketing company,
web-site or agency, box office, theater, stadium or arena.
Anytickets.com is
also not associated with and is not an agent or authorized
representative of any professional or amateur sporting or racing league
or association, such as MLB, NCAA, NFL, NBA, NHL, USTA, PGA, LPGA, USGA,
NASCAR, WBA or any association, educational institution, club,
corporation, partnership, player, team or other individual or entity
participating in or sponsoring any sporting event, or of any other
business or charitable artist, association, company, corporation,
individual, organization, partnership, performer or other entity or
person conducting, participating in, producing or sponsoring any other
entertainment event, and all logos and names of any of them are their
property and used for purposes of factual description only.
Agreement with Terms and Conditions
This Agreement sets forth
the terms and conditions that apply to use of Anytickets.com by
Subscriber. By using Anytickets.com, Subscriber agrees to
comply with all of the terms and conditions hereof. The Policies and
Privacy Statement is incorporated by reference, as if fully set forth
herein.
Changes in Terms and Conditions
The Company has the right
to change or discontinue any aspect or feature of
Anytickets.com, including, but not limited to, content, hours
of availability, and equipment needed for access or use, at any time.
The Company has the right to change or modify the terms and conditions
applicable to Subscriber's use of Anytickets.com, or any part
thereof, or to impose new conditions, including, but not limited to,
adding fees and charges for use at any time. Such changes,
modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not
limited to, posting on Anytickets.com, or by electronic or
conventional mail, or by any other means by which Subscriber obtains
notice thereof. Any use of Anytickets.com by Subscriber
subsequent to such notice shall be deemed to constitute acceptance by
Subscriber of such changes, modifications or additions.
Conduct of Subscriber
Lawful Use
Subscriber shall use Anytickets.com for lawful purposes only. Subscriber shall not post or transmit through Anytickets.com any material which:- violates or infringes in any way upon the rights of others;
- is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;
- encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or
- contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission.
Downloading of Intellectual Property
Anytickets.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which is owned by the Company and some of which is owned by third parties. Furthermore, the entire contents of Anytickets.com are copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.Uploading of Intellectual Property
Subscriber shall not upload, post or otherwise make available on Anytickets.com any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Anytickets.com, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants the Company the rights to edit, copy, publish, and distribute any material made available on Anytickets.com by Subscriber.Disclaimers and Limitation of Liability
Use Is At Subscriber's Risk
Subscriber expressly agrees that use of Anytickets.com is at subscriber's own risk. Subscriber shall be responsible for protecting the confidentiality of subscriber's password(s), if any. Neither the company, its affiliates, nor any of their respective employees, shareholders, agents, third party content providers or licensors, warrant that Anytickets.com's service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Anytickets.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through Anytickets.com.No Warranties of Anytickets.com's Service
Anytickets.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.Disclaimer of Liability
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third-parties and that the risk of injury from the foregoing rests entirely with subscriber.Subscriber's Waiver of Damages
In no event will the company, or any person or entity involved in creating, producing or distributing Anytickets.com be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use Anytickets.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on Anytickets.com. In addition to the terms set forth above, neither, the company, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within Anytickets.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.Indemnification
Subscriber agrees to
defend, indemnify and hold harmless the Company, its affiliates and
their respective directors, officers, shareholders, employees, agents,
and assigns from and against all claims and expenses, including
attorneys' fees, arising out of Subscriber's use of
Anytickets.com.
Equipment for Subscriber's Use
Subscriber shall be
responsible for obtaining and maintaining all telephones, computer
hardware, and other equipment needed for access to and use of
Anytickets.com and for any/all charges related thereto.
Copyrights and Trademarks
In addition to the
copyright restrictions set forth in Paragraph 4.2 above,
Anytickets.com, and its stylized version, the stylized version
of Anytickets.com, the daily are trademarks of the Company. All
rights reserved. All other trademarks appearing on
Anytickets.com are the property of their respective owners.
Anytickets.com's Content
A portion of
Anytickets.com content is supplied by third parties. Any
opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including
information providers, are those of the respective author(s) or
distributor(s) and not of the Company. Neither the Company nor any
third-party provider of information guarantees the accuracy,
completeness, or usefulness of any content, nor its merchantability or
fitness for any particular purpose. The Company neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice or
statement made on Anytickets.com by anyone other than employee
spokespersons of the Company while acting in their official capacities.
Entire Agreement
This Agreement, and any
operating rules for Anytickets.com established by the Company,
constitutes the entire agreement of the parties with respect to the
subject matter hereof, and supersedes all previous written or oral
agreements between the parties with respect to such subject matter.
Controlling Law
This Agreement shall be
constructed in accordance with the laws of the State of Texas, without
regard to its conflict of laws rules.
Headings
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.