USER AGREEMENT
1. OWNERSHIP.
This site, and each of its modules, together with the arrangement and
compilation of the content found on this site, is the copyrighted property
of TIX International Group (TIX) and/or its various third party providers
and distributors. Much of the content found on this site is owned by third
party providers and distributors and, specifically, certain data relating to
schedules is the copyrighted work of Official Airline Guides, Inc. and other
information providers. In addition, the trademarks, logos and service marks
displayed on this site (collectively, the "Trademarks") are
registered and common law Trademarks of TIX, its affiliates, and various
third parties. Nothing contained on this site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to
use any of the Trademarks without the written permission of TIX, or such
other party that may own the Trademarks.
2. USE OF SITE.
TIX grants you a limited, non-transferable license to use this site in
accordance with the terms and conditions of this User Agreement. You may
only use this site to make legitimate reservations or purchases and shall
not use this site for any other purposes, including without limitation, to
make any speculative, false or fraudulent reservation or any reservation in
anticipation of demand. This site and the content provided in this site,
including the text, graphics, button icons, audio and video clips, digital
downloads, data compilations and software, may not be copied, reproduced,
republished, uploaded, posted, transmitted or distributed without the
written permission of TIX, and/or its third party providers and
distributors, except that you may download, display and print the materials
presented on this site for your personal, non-commercial use only. You may
not use any "robot," "spider" or other automatic device,
or a program, algorithm or methodology having similar processes or
functionality, or any manual process, to monitor or copy any of the Web
pages, data or content found on this site, in any case without the prior
written permission of TIX. You agree that you will not transmit or otherwise
transfer any Web pages, data or content found on this site to any other
computer, server, Web site, or other medium for mass distribution or for use
in any commercial enterprise. You agree that you will not use any device,
software or routine to interfere or attempt to interfere with the proper
working of this site. You agree that you will not take any action that
imposes a burden or load on our infrastructure that TIX deems in its sole
discretion to be unreasonable or disproportionate to the benefits TIX
obtains from your use of the site. Unauthorized use of this site and/or the
materials contained on this site may violate applicable copyright, trademark
or other intellectual property laws or other laws. You must retain all
copyright and trademark notices, including any other proprietary notices,
contained in the materials, and you must not alter, obscure or obliterate
any of such notices. The use of such materials on any other Web site or in
any environment of networked computers is prohibited. You are prohibited
from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, indecent, inflammatory, pornographic or profane
material or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil liability, or
otherwise violate any law. In addition, you are prohibited from posting or
transmitting any information which (a) infringes the rights of others or
violates their privacy or publicity rights, (b) is protected by copyright,
trademark or other proprietary right, unless with the express written
permission of the owner of such right, (c) contains a virus, bug or other
harmful item, or (d) is used to unlawfully collude against another person in
restraint of trade or competition. You shall be solely liable for any
damages resulting from any infringement of copyright, trademark, or other
proprietary right, or any other harm resulting from your use of this site.
3. AGE AND
RESPONSIBILITY. If
you use this site, you are responsible for maintaining the confidentiality
of your account information and your password. You agree to accept
responsibility for all activities that occur under your account or password.
You represent that you are of sufficient legal age to use this site and to
create binding legal obligations for any liability you may incur as a result
of the use of this site. You understand that you are financially responsible
for all uses of this site by you and those using your login information.
4. PRIVACY.
You have read the TIX Privacy Policy, the terms of which are incorporated
herein, and agree that the terms of such policy are reasonable. You consent
to the use of your personal information by TIX and/or its third party
providers and distributors in accordance with the terms of and for the
purposes set forth in the TIX Privacy Policy.
5. REVIEW OF
TRANSMISSIONS. TIX
may, from time to time monitor and review any information transmitted or
received through this site and reserves the right to sensor, edit, remove or
prohibit the transmission or receipt of any information that TIX deems
inappropriate or in violation of these terms and conditions. During
monitoring, the information may be examined, recorded or copied, and your
use of this site constitutes your consent to such monitoring and review. You
agree that if you submit suggestions, ideas, comments or questions or post
any other information on this site, you grant TIX and its affiliates a
worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully
sublicenseable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute and display such content in any
form, media or technology. TIX takes no responsibility and assumes no
liability for any content posted or submitted by you.
6. EXCLUSION OF
WARRANTY.TIX AND
ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND
REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH
ARE PROVIDED ON AN "AS IS" BASIS. TIX AND ANY THIRD PARTY
PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS,
CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND
SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER TIX
NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS
SERVERS OR ANY E-MAIL SENT FROM TIX ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES,
SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC RIGHTS WHICH VARY FROM STATE TO STATE.
7. LIMITATION OF
LIABILITY. TIX
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR
VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF
ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE. IN NO EVENT
SHALL TIX OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY
INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED
TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT
LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH
(I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY
(INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT
OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON
PERFORMANCE BY TIX OR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF
SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR
ANY OTHER PARTY.
If, notwithstanding the foregoing, TIX or any third party provider or
distributor should be found liable for any loss or damage which arises out
of or is in any way connected with any of the above described functions or
uses of this site or its content, the liability of TIX and the third party
providers and distributors shall in no event exceed, in the aggregate, the
greater of (a) the subscription fee and service charge for accessing this
site, or (b) US$100.00. In its sole discretion, in addition to any other
rights or remedies available to TIX and without any liability whatsoever,
TIX at any time and without notice may terminate or restrict your access to
any component of this site. Some states do not allow limitation of
liability, so the foregoing limitation may not apply to you.
8. INDEMNIFICATION.
You shall defend and indemnify TIX and any third party providers and
distributors and their officers, directors, employees and agents from and
against any claim, cause of action or demand, including without limitation
reasonable legal and accounting fees, brought by or on your behalf in excess
of the liability described herein or by third parties as a result of your
use of this site.
9. LINKS.
This site contains links to other Web sites which are provided solely as a
convenience to you and not as an endorsement by TIX, its third party
providers or distributors of the contents of such other Web sites. None of
TIX or any third party provider or distributor shall be responsible for the
content of any other Web sites and make no representation or warranty
regarding any other Web sites or the contents or materials on such Web
sites. If you decide to access other Web sites, you do so at your own risk.
10. RELATIONSHIP.
The relationship between TIX and you will be that of independent
contractors, and neither of us nor any of our respective officers, agents or
employees will be held or construed to be partners, joint ventures,
fiduciaries, employees or agents of the other.
11. GOVERNING LAW.
This Agreement and its performance shall be governed by the laws of the
state of New York, United States of America, without regard to its conflict
of laws provisions. You consent and submit to the exclusive jurisdiction of
the state and federal courts located in Rockland county, the state of New
York, United States of America, in all questions and controversies arising
out of your use of this site and this Agreement. To the extent allowed by
applicable law, any claim or cause of action arising from or relating to
your access or use of this site must be brought within two (2) years from
the date on which such claim or action arose or accrued.
12. ATTORNEY'S FEES. If
TIX or its affiliates take any action to enforce this User Agreement and
these terms and conditions, such parties will be entitled to recover from
you, and you agree to pay, all reasonable and necessary attorney's fees and
any cost of litigation, in addition to any other relief, at law or in
equity, to which such parties may be entitled.
13. INJUNCTIVE
RELIEF. You
acknowledge that a violation or attempted violation of any of this User
Agreement and these terms and conditions will cause such damage to TIX as
will be irreparable, the exact amount of which would be difficult to
ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that TIX shall be entitled as a matter of right to an
injunction issued by any court of competent jurisdiction, restraining such
violation or attempted violation of these terms and conditions by You, or
Your affiliates, partners, or agents, as well as recover from You any and
all costs and expenses sustained or incurred by TIX in obtaining such an
injunction, including, without limitation, reasonable attorney's fees. You
agree that no bond or other security shall be required in connection with
such injunction.
14. TERMINATION.
TIX may terminate this User Agreement and these terms and conditions and/or
the provision of any of the services at any time for any reason, including
any improper use of this site or your failure to comply with these terms and
conditions. Such termination shall not effect any right to relief to which
TIX and its third party providers and distributors may be entitled, at law
or in equity. Upon termination of this User Agreement and these terms and
conditions, all rights granted to you will terminate and revert to TIX and
its third party providers or distributors, as applicable.
15. ASSIGNMENT.
You may not assign, convey, subcontract or delegate your rights, duties or
obligations hereunder.
16. MODIFICATION.
TIX may at any time modify these terms and conditions and your continued use
of this site will be conditioned upon the terms and conditions in force at
the time of your use.
17. ADDITIONAL TERMS.
Additional terms
and conditions may apply to reservations, purchases of goods and services
and other uses of portions of this site, and you agree to abide by such
other terms and conditions.
18. SEVERABILITY.
These terms and conditions shall be deemed severable. In the event that any
provision is determined to be unenforceable or invalid, such provision shall
nonetheless be enforced to the fullest extent permitted by applicable law,
and such determination shall not affect the validity and enforceability of
any other remaining provisions.
19. HEADINGS.
The headings used in this User Agreement are included for convenience only
and will not limit or otherwise affect the terms and conditions herein.
20. ENTIRE AGREEMENT.
This User Agreement, together with any terms and conditions incorporated
herein or referred to herein constitute the entire agreement between us
relating to the subject matter hereof, and supersedes any prior
understandings or agreements (whether oral or written) regarding the subject
matter, and may not be amended or modified except in writing or by making
such amendments or modifications available on this site.