Effective date: November 4, 2017
PLEASE READ THROUGH THESE TERMS CAREFULLY BEFORE USING www.ticketlabs.com (the
The following document (TicketLabs's
Terms) describes the conditions under which TicketLabs offers each individual or entity (
You) access to our ticketing system (collectively, the
Services) that can be used to promote, advertise, sell and/or purchase tickets to our Clients Events (as defined below) at www.TicketLabs.com (
the Site). Our clients that utilize this Site to sell tickets and promote events (
Client Events) will herein be referred to as
Clients. Any Client Events or any other events or public or private meetings and/or gatherings for any purpose are collectively referred to herein as
Events. Anyone (including any Clients) who in any way uses the Site to browse, scrape or crawl its content will herein be referred to as a
User. By accessing the Site, You are legally bound by, and agree to comply with, the Terms found herein. If You do not understand or agree with these Terms, please do not use the Site.
TicketLabs reserves every right to, at its sole discretion, alter or amend these Terms at any time. Any such changes will be effective immediately upon posting on this Site. You are advised to periodically review the Site and these Terms for any such updates or changes.
For purposes of these Terms, any reference herein to
TicketLabs shall be deemed (where applicable and including any provisions of these Terms relating to limitations or exclusions of liability, indemnification and release of claims) to expressly include TicketLabs and all of its contractors, licensors, partners, affiliates and sponsors (including, without limitation, 10077925 Canada Inc., carrying on business as
Subject to the acceptance and continuing adherence to these Terms, TicketLabs provides to its Users a limited, non-exclusive, non-transferable license to access and use the Site and its associated Services. This Site is the sole and exclusive property of TicketLabs, and no rights beyond those granted in this Agreement will be permitted. Any Users of this Site agree to abide by any and all applicable laws in all applicable jurisdictions.
In order to use the Site and its Services, Users must be at least 13 years of age. Any persons who do not fulfill this requisite are prohibited from using the Site. Any User using the Services on behalf of another person, entity or organization, must be an authorized representative with the authority to bind such person, entity or organization to these Terms. Any such Users are hereby agreeing that, by using the Services, they are binding their represented person, entity or organization to these Terms. Users shall not impersonate any other individual, person or entity on this Site.
Users agree that they are solely responsible for their actions when using the Site and the Services, including the actions of any respective employees and agents that use the Site or Services as a representative of such a User. Any conflicts or disputes arising between Users must be resolved directly between such Users, and Users assume any and all risk associated with dealing with other respective Users.
Users of the Services agree not to use the Services or the Site for any unauthorized, illegal or fraudulent purposes or to impersonate any other individual, person or entity. Users agree not to display or transmit any unlawful, harmful, hateful, racially or ethnically objectionable material of any kind through the use of this Site. This includes distribution of any files containing viruses, corrupted or malicious files, or any other similar programs, as well as interfering with or disrupting in any way the SitesÕ functionality.
Users agree that any information provided by them when signing-up or in the process of purchasing a ticket will be accurate, truthful, current and complete. Users agree to pay all charges (including applicable service fees) incurred by themselves or any of their representatives at the price(s) in effect when such charges are incurred, as well as any then-current applicable taxes. By using a credit card or other payment means to purchase tickets, You warrant that You have full legal right to use such credit card or payment means. Users expressly agree and consent that TicketLabs has the right to provide any such supplied User payment information to third parties to facilitate the completion of all transactions initiated by You or your representatives. Purchases made by Users on the Site are non-refundable and cannot be exchanged unless expressly stated otherwise. TicketLabs shall have no liability whatsoever for any Damages (as defined below) arising from, or related to, any access or use by You of this Site, the Services, the Materials or any purchase transactions initiated by You on the Site or through using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events.
Users expressly agree and consent that any content (including, without limitation, data, materials, posts, ratings, etc.) submitted by themselves or their representatives on the Site (collectively,
INTELLECTUAL PROPERTY RIGHTS
All content or other material available on the Site, including but not limited to, software, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, (collectively, the "Materials"), are the property of TicketLabs and are protected by copyright or other proprietary intellectual property rights under applicable Canadian and foreign law.
TicketLabs logos, trademarks and service marks that appear on the Site (collectively, the "Marks"), are the property of TicketLabs and are protected under applicable Canadian and foreign laws. All other trademarks, service marks and logos appearing on the Site, with or without attribution, are the property of their respective owners. Users may not copy, sell, resell, display, reproduce, publish, alter, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner any Materials appearing on the Site, except as otherwise expressly permitted in these Terms. Users may not decompile, disassemble, reverse-engineer or otherwise access the source code for any software associated with or used in connection with the Site. TicketLabs reserves all rights not expressly granted herein to the Site, and any associated Materials and Marks.
THIRD PARTY CONTENT
Any references to third parties, links to third party websites or documents, or information obtained from third parties that is contained on this Site (this includes statements made by the Users of this Site) are provided
as is and are not under the control of TicketLabs. TicketLabs therefore cannot be held responsible or liable for any of such third party content originating from or contained by such sources. TicketLabs is also not responsible for the reliability, accuracy, legality or any other aspects of third party content, and cannot be held liable for any Damages caused by Users reliance on such sources of information. It is the UsersÕ responsibility to assess the fitness of the information and content provided by these sources for their particular uses, and Users access and rely on such information at their own risk. By using the Site, Users expressly release, remise and discharge TicketLabs from any and all liability arising from any use by them of any third party website or any third party content. Users understand that third parties may, at any time, alter or revoke data, content, materials or software made available on their sites, and Users expressly agree and consent that any such actions by a third party does not constitute a breach of these Terms.
Warranties: All Materials and Services provided on this Site are presented
as is and without any warranties or conditions, whether express or implied. TicketLabs disclaims any statutory or other warranties and conditions, either implied or explicit. This includes, but is not limited to, implied warranties or conditions of merchantability, non-infringement, title, accuracy or security, and fitness for a particular purpose. Your use of this Site is completely your responsibility and at your own risk. TicketLabs is not responsible for the accuracy of the information contained on this Site, and in no case will be held liable for any Damages associated with the reliance on the Materials and Services provided by or through the Site. Jurisdictions that do not allow for the exclusion of particular warrantees may not be subject to certain limitations contained in this Agreement.
Limitation of Liability: TicketLabs will not be held responsible for any omissions or errors in the Materials and Services provided on this Site, or any information that is linked to this Site. TicketLabs in no way makes any representations of the reliability, availability, fitness, or accuracy of the Materials and Services provided by this Site. TicketLabs will not to You or be held liable under tort, negligence, contract, strict liability or any other legal theory whatsoever for any costs, expenses, liabilities, claims, third party claims, actions, proceedings, bodily harm or injury, harm or injury to any property, losses or damages of any nature or kind whatsoever, whether indirect, incidental, punitive, consequential or special, caused in any manner or relating in any manner to (collectively,
Damages) any use or misuse by You of this Site, the Services, the Materials or any purchase transactions initiated by You on the Site or using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events. Notwithstanding the above and except where prohibited by applicable laws governing these Terms, You confirm for all purposes of these Terms that any liability of TicketLabs for any Damages will be limited to the total aggregate amount paid by You to TicketLabs during the 90 calendar period immediately preceding the earlier of (i) the date such Damages actually arose or (ii) the date You reasonably became aware or ought to have become aware of such Damages.
Indemnification: You agree to defend, indemnify and hold harmless TicketLabs for any and all of its Damages arising from, directly or indirectly, any access or use or misuse by You of this Site, the Services, the Materials, the User Content or any purchase transactions initiated by You on the Site or using the Services and, without limitation, including any Damages relating to You travelling to, attending or participating in any Events.
Release of Claims: You fully release, remise and discharge TicketLabs from any and all claims for Damages You may have suffer in connection with, in any manner or relating in any manner to, any fraud, negligence or wilful, unlawful, unauthorized or intentional conduct by You relating to these Terms, this Site, the Services, the Materials, the User Content or travelling to, attending or participating in any Events.
Termination:With or without cause and/or notice and at any time, TicketLabs may terminate your access to all or any part of the Services provided by or made available through this Site. TicketLabs shall not be liable to Users for any termination of the Services.
Contests, Sweepstakes, Promotions and other Activities: In connection with contests, sweepstakes, promotions or other related activities on the Site, TicketLabs may impose additional rules and regulations governing such events or circumstances (collectively,
Contest Rules). These Contest Rules will prevail and rank paramount in the event that there exists any conflict or inconsistency between such Contest Rules and these Terms.
Legal Fees: Users agree that in the event that TicketLabs prevails in any legal action to enforce these Terms or the terms of any Contest Rules, TicketLabs shall be entitled to recover reasonable attorneyÕs fees from You and You expressly consent to payment to TicketLabs of such reasonable attorneyÕs fees notwithstanding any applicable laws to the contrary.
Governing Law: These Terms will be governed solely by the laws of the Province of Ontario and the federal laws of Canada applicable therein and You and TicketLabs expressly consent, submit and attorn to the jurisdiction of the Ontario courts for all purposes of these Terms and their interpretation, performance and enforcement.
Entire Agreement: These Terms constitute the entire agreement between Users and TicketLabs with respect to the matters herein and supersede all prior agreements and negotiations, whether written or oral, relating to the subject matter of these Terms. The entering into of these Terms has not been induced by, nor do Users or TicketLabs rely upon or regard as material, any representations, promises, agreements or statements whatsoever not incorporated in these Terms.
Assignment and Severability: Users may under no condition assign these Terms or any rights or benefits contained in these Terms to another party. If any provision of these Terms is held invalid by any applicable law, rule, order or regulation of any government, or by the final determination of a court of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions of these Terms not held to be invalid.
Contact:If Users have any questions regarding these Terms, please contact us at firstname.lastname@example.org.