TERMS
AND CONDITIONS OF USE
The following describes the terms
and conditions (the "Terms and Conditions") on which SmartTix.com
offers you the information (including the Intellectual Property (as defined
below)), services and products on its web site and related web pages
(collectively, the "Services"). By using the Services available
through this web site, you are agreeing to the Terms and Conditions. SmartTix.com
reserves the right to modify, amend or restate the Terms and Conditions from
time to time with or without prior notice. Your use of this web site and any
Services after the posting of modifications to these Terms and Conditions
will constitute your acceptance of the Terms and Conditions as modified.
You may direct any questions
concerning these Terms and Conditions to: customerservice@smarttix.com
Use of this Web Site
You represent that you have read
and agree to be bound by the Terms and Conditions. You further agree to
comply with U.S. or other applicable law regarding the transmission of any
information obtained from the Services in accordance with the Terms and
Conditions, not to use the Services for illegal purposes, and not to
interfere or disrupt the networks connected to the Services.
Restrictions on Use
You may not use the Services for
any illegal purposes or in any manner inconsistent with the Terms and
Conditions. You agree to use the Services solely for your own noncommercial
use and benefit, and not for resale or other transfer or disposition to, or
use by or for the benefit of, any other person or entity. You agree not to
use, transfer, distribute or dispose of any information contained in the
Services in any manner that would compete with the business of SmartTix.com.
You acknowledge that the Services have been developed, compiled, prepared,
revised, selected and arranged by SmartTix.com and others (including certain
other information sources) through the application of methods and standards
of judgment developed and applied through the expenditure of substantial
time, effort and money and constitutes valuable proprietary rights of SmartTix.com
and such others. You agree to protect the proprietary rights of SmartTix.com
and all others having rights in the Services during and after the term of
this agreement and to comply with all reasonable written requests made by SmartTix.com
or its suppliers of content, products, services or otherwise to protect their
and others' contractual, statutory and common law rights in the Services. You
agree to promptly notify SmartTix.com in writing upon becoming aware of any
unauthorized access or use of the Services by any party or any claim that the
Services infringes upon any copyright, trademark or other contractual,
statutory or common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE,
RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH,
DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT
OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD
MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL,
NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER
PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICES
MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT SMARTTIX.COM'S
PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A
VIOLATION OF SMARTTIX.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS.
ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICES FOR SALE OR
DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR
TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE
INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF SMARTTIX.COM. THE SERVICES AND
THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF
ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN
DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE
SERVICES CONTAINING ALL OR PART OF THE SERVICES.
YOU MAY NOT USE THE SERVICES IN
ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY
THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF SMARTTIX.COM'S TRADEMARKS,
TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT
SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH SMARTTIX.COM'S
CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY
OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICES OR THE INFORMATION
CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE
ANY OF SMARTTIX.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED
MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO
ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER
APPLICABLE TERMS AND CONDITIONS.
Intellectual Property
This web site contains material
which is derived in whole or in part from materials supplied by SmartTix.com,
nytheatre.com and various other sources. This web site, including but not
limited to its text, content, photographs, video, audio and graphics (the
"Intellectual Property"), is protected by copyrights, service
marks, international treaties and/or other proprietary rights and laws of the
U.S. and other countries. The Intellectual Property is also protected as a
collective work or compilation under U.S. copyright and other laws and
treaties. All individual articles, columns and other elements making up the
Services are also copyrighted works. You agree to abide by all applicable
copyright and other laws, as well as any additional copyright notices or
restrictions contained in the Services.
No License Granted
You acquire absolutely no rights
or licenses in or to the Services and materials contained therein other than
the limited right to utilize the Services in accordance with the Terms and
Conditions. Should you choose to download content from the Services, you must
do so in accordance with the Terms and Conditions. Such download is licensed
to you by SmartTix.com only for your own personal, noncommercial use in
accordance with the Terms and Conditions and does not transfer any other
rights to you.
Rights Reserved
All present and future rights in
and to the Intellectual Property and other proprietary rights of SmartTix.com
of any type under the laws of any governmental authority, domestic or
foreign, including rights in and to all applications and registrations
relating to the Services (the "Intellectual Property Rights")
shall, as between you and SmartTix.com, at all times be and remain the sole
and exclusive property of SmartTix.com. All present and future rights in and
title to the Services (including the right to exploit the Services and any
portions of the Services over any present or future technology) are reserved
to SmartTix.com for its exclusive use. Except as specifically permitted by
the Terms and Conditions, you may not copy or make any use of the Services or
any portion thereof. Except as specifically permitted herein, you shall not
use the trademarks, trade names, service marks, trade dress, logos or titles
of SmartTix.com or the Services, or the names of any individual participant
in, or contributor to, the Services, or any variations or derivatives
thereof, for any purpose, without SmartTix.com 's prior written approval.
Liability Disclaimer
The material provided on this web
site could include technical inaccuracies or typographical errors and the web
site may be subject to periods of interruption. SmartTix.com may make changes
or improvements at anytime.
THE SERVICES ARE PROVIDED "AS
IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER
WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SMARTTIX.COM DISCLAIMS ALL
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMARTTIX.COM
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE
RESULT OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, TO THE
EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
SMARTTIX.COM DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD
OF SUCH CONTENT. YOU (AND NOT SMARTTIX.COM) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
While SmartTix.com endeavors to
maintain the highest professional quality of the Services it offers on its
web site, it cannot be held responsible for any errors, defects, lost
profits, or other consequential damages arising from the use of this web
site. SmartTix.com will not be liable for any damages or injury, including
but not limited to, special or consequential damages that result from any
failure of performance, error, omission, interruption, defect, delay in
operation of transmission, or computer virus, the use of, or the inability to
use, the materials in the Services even if there is negligence by SmartTix.com
or an authorized SmartTix.com representative; user has been advised of the
possibility of such damages, or both. The above limitation or exclusion may
not apply to you to the extent that applicable law may not permit the
limitation or exclusion of liability for incidental or consequential damages.
SmartTix.com's total liability to you for all
losses, damages, and causes of action (in contract, tort (including without
limitation, negligence, or otherwise) will not exceed the amount you paid to
access the Services.
Indemnification
You agree, to the extent permitted
by applicable law, to indemnify and hold SmartTix.com, its officers,
directors, owners, agents and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or
arising out of your use of the Services, the violation of these Terms and
Conditions by you, or the infringement by you, or other user of the Services
using your computer, of any Intellectual Property or other right of any
person or entity. SmartTix.com reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you.
Third Party Submissions to the Web
Site
User Submissions, Including
Bulletin Boards and Chat Rooms
The Services may include bulletin
boards and chat rooms which may provide on-line participation by and
interaction among users. All remarks, suggestions, ideas, graphics, or other
information communicated to SmartTix.com website through the Services,
including, without limitation, chat rooms and bulletin boards, other than
show information and graphics communicated to SmartTix.com through its
"Submit a Show" service (each, a "User Submission"), will
be the property of SmartTix.com. Without limitation, SmartTix.com will have
exclusive ownership of all present and future existing rights to the User
Submission of every kind and nature everywhere. SmartTix.com will be entitled
to use the User Submission for any purpose whatsoever (consistent with the SmartTix.com
Privacy Policy then in effect), without compensation to you or any other
person sending the User Submission.
SmartTix.com does not control the
postings of messages, information or files to chat rooms and bulletin boards.
Further, SmartTix.com has no obligation to monitor chat rooms or bulletin
boards or any other postings of User Submissions.
Event Submissions
The Services may allow Users the
right to post event information, editorial content, graphics and other
materials (each a "Event Submission"; and
together with User Submissions, "Submissions"). By communicating to
SmartTix.com any Evnet Submissions, you grant to SmartTix.com
a non-exclusive, royalty-free license to publish the contents of a Show
Submission in such manner and form as SmartTix.com may deem appropriate for
its web site, in its sole discretion. By accepting an Event Submission, SmartTix.com
is not agreeing to publish such Event Submission. SmartTix.com reserves the
right to exercise complete editorial control over the content of its web site
and may in its sole discretion edit, delete or supplement the content of a Event Submission. You remain responsible for the
original content provided in an Event Submission. You agree to make such
representations to and agreements with SmartTix.com in connection with the
publication of a Show Submission that SmartTix.com may reasonably request
from time to time.
All Submissions Are Subject to
These Further Conditions
Your use of the Services and
submission of material for publication on the pages of the SmartTix.com web
site are conditioned on your adherence to the following policies:
a. You may not restrict or inhibit
any other user from using or enjoying any of the Services.
b. You may not post or transmit
any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane, indecent or racially, ethnically or otherwise
objectionable material of any kind, including without limitation any
transmissions constituting or encouraging conduct that would constitute a
criminal offense, give rise to civil liability or otherwise violate any
local, state, national or international law.
c. You may not post or transmit
any information, software or other material which violates or infringes upon
the rights of others, including material which is an invasion of privacy or
publicity rights or which is protected by intellectual property rights.
d. You may not post or transmit
any information, software or other material which contains a virus or other
harmful component.
e. You may not post, transmit or
in any way exploit any information, software or other material for commercial
purposes, or which contains commercial advertising.
SmartTix.com reserves the right at
all times to disclose any information as necessary to satisfy any law,
regulation or governmental request, or to edit, refuse to post or to remove
any information or materials, in whole or in part, that in SmartTix.com's sole discretion are objectionable or in
violation of its Submission policies.
Under no circumstances will SmartTix.com
be required to treat any Submission as confidential (subject to SmartTix.com's Privacy Policy then in effect), and will
not be liable for any ideas for its business (including, without limitation,
product ideas) and will not incur any liability as a result of any
similarities that may appear in future SmartTix.com operations.
You acknowledge that you are
solely responsible for whatever material you submit, and you, not SmartTix.com
have full responsibility for the Submission, including its legality,
reliability, appropriateness, originality, and copyright. Your communication
of a Submission is in all respects subject to the Terms and Conditions,
including without limitation those set forth in "Indemnification."
Links
The Services display links to
other web sites that are not owned or maintained by SmartTix.com and which
contain information some people may find inappropriate or offensive. SmartTix.com
has not reviewed such web sites and is not responsible for the content
thereof. The inclusion of a link to such web site does not imply endorsement
by SmartTix.com. Viewing of any web site linked to the Services is at your
own risk.
Privacy Policy
Our current Privacy Policy is
available at: [ http://www.SmartTix.com/privacy.aspx]
and is incorporated herein by reference. By using this web site, you
expressly consent to certain disclosures of your personally identifiable and
other personal information provided to you by us to third parties, and to use
of your information by us and third parties, to the extent set forth in our
current Privacy Policy, unless you otherwise notify us in accordance with the
Privacy Policy.
Policies Concerning Claims of
Infringement
It is the policy of SmartTix.com
to respond expeditiously upon receiving notice of claimed intellectual
property infringement. SmartTix.com will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act and other applicable intellectual property
laws.
All notices of copyright
infringement should be sent to:
SmartTix.Entertainment Services Inc., Attn.: Legal and Business Affairs
Department, 312 West 36th Street, Suite 200, New York, New York 10018;
Telephone: (212) 868-5252 Facsimile: (212) 868-4997; Email: customerservice@SmartTix.com
Notices of copyright infringement
should contain the following information:
a. A physical or electronic
signature of a person authorized to act on behalf of the copyright owner that
is allegedly infringed.
b. Identification of the
copyrighted work claimed to have been infringed.
c. Identification of the material
that is claimed to be infringing or to be the subject of infringing activity
and information reasonably sufficient to permit SmartTix.com to locate the
material.
d. The address, telephone number,
or email address of the complaining party.
e. A statement that the
complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law.
f. A statement, under penalty of
perjury, that the information in the notification is accurate, and that the
complaining party is authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. SmartTix.com reserves the right to remove
and/or disable access from the Service to web pages of repeat infringers and
reserves the right to terminate all account holders and subscribers who are
repeat infringers of intellectual property laws.
Official Correspondence
Official correspondence must be
sent by regular U.S. mail or by overnight courier to: SmartTix.Entertainment
Services Inc., Attn.: Legal and Business Affairs Department, 312 West 36th
Street, Suite 200, New York, New York 10018; Telephone: (212) 868-5252
Facsimile: (212) 868-4997
Access and Interference
Our web site contains robot
exclusion headers and you agree that you will not use any robot, spider,
other automatic device, or manual process to monitor or copy our Intellectual
Property or any other content contained herein without our prior written
consent. You agree that you will not use any device, software or routine to
interfere or attempt to interfere with the proper working of the Services.
You agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure.
Access Outside the United States
SmartTix.com makes no
representation that the materials provided at this web site are appropriate
or available for use in locations outside of the United States, its
territories and possessions. If you use the Services from other locations,
you are responsible for compliance with applicable local laws. Some software
used in connection with the Services may be subject to export controls
imposed by the United States and may not be downloaded or otherwise exported
or re-exported: (a) into (or to a national of or resident of) any country to
which the U.S. has placed an embargo, including without limitation, Cuba,
Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the
U.S. Treasury Department's Specially Designated Nationals list, or (c) the
U.S. Commerce Department's Table of Denial Orders. If you download or use the
Software, you represent and warrant that you are not located in, or under the
control of, a national or any such country on any such list.
Termination
Either SmartTix.com or you may
terminate any rights granted hereunder at any time with or without cause,
effective immediately. SmartTix.com may terminate this agreement immediately
without notice to you if, in its sole judgment, you breach any term or
condition of this agreement. You may terminate any obligations granted
hereunder by destroying: (a) all materials obtained from all SmartTix.com
websites, and (b) all related documentation and all copies, printouts, and
installations. Notwithstanding the foregoing, any disclaimers of warranties
and limitations of liability, as well as indemnification and governing law
provisions shall survive any termination of this agreement.
Miscellaneous
These Terms and Conditions will be
governed and be interpreted pursuant to the laws of the State of New York,
United States of America, notwithstanding any principles of conflicts of law
and you hereby consent to the jurisdiction of such courts. If any part of
these Terms and Conditions is unlawful, void, or unenforceable, that part
will be deemed severable and will not affect the validity and enforceability
of any remaining provisions
Our failure to act with respect to
a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. If we ask a third party to provide Services
through this web site, the provisions of this agreement shall apply to your
use of the Services, unless otherwise noted. We shall not be liable for any
delay or failure to perform resulting directly or indirectly from any causes
beyond our reasonable control. We may freely assign this agreement. Possible
evidence of use of the Services for illegal purposes will be provided to law
enforcement authorities. This is the entire agreement between the parties
relating to the use of the Services. As noted above, SmartTix.com may revise
these Terms and Conditions at any time by updating this posting.
Copyright and Trademark Notices
All contents in this web site are
Copyright © 1998 SmartTix.com, Inc. All rights reserved.
SmartTix is a trademark of SmartTix.com, Inc. All other marks, not
otherwise attributed, that appear throughout this web site belong to SmartTix.com,
Inc. and are protected by U.S. and international copyright and trademark
laws. Any use of these marks without the express permission of SmartTix.com
is strictly prohibited.
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