ZapTix - Ticket Sales Agence
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ZapTix Terms of Service

  1. Agreement. This Agreement is a contract between you and ZapTix, LLC ("ZapTix") and applies to your use of the ZapTix service available through www.zaptix.com (the "Service"). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. ZapTix disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service. ZapTix also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

  2. Account restrictions.

    2.1. Eligibility. This Agreement must be completed, understood and agreed to by an adult of at least 18 years of age. If you are not yet 18, you do not have permission to create an Account or use the Service. By accepting this agreement you represent that you are an adult 18 years of age or older.

    3. 2.2. Obligations. In consideration of use of the Service, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, ZapTix has the right to terminate your Account and refuse any and all current and/or future use of the Service.

  3. Billing and Payment

    3.1. Purchase Fees. ZapTix charges a Purchase Fee for the purchase of tickets for some Performances offered by the Service. A current and complete listing of fees is available on the Fee Schedule page. By accepting this agreement you represent that you agree to the fees and policies stated in the Fee Schedule.

    4. 3.2. Service Fees. ZapTix reserves the right to assess a fee for any service or feature offered by the Service, with no prior notice required. You agree to consent to such fees if and when they may arise, and to pay them on time and in full.

    3.3. Refunds. ZapTix offers no refunds for purchases under any circumstances.

  4. User-Supplied Content and Groups

    5. 4.1. User-Supplied Website Content. You understand that Performances listed on ZapTix are posted independent of ZapTix’s oversight, and whose content may include misleading or fraudulent information. While ZapTix makes every effort to ensure the quality and accuracy of its listings, you understand that all purchases are offered as is and are conducted at your own risk.

    4.2. User-Supplied Groups. ZapTix offers the opportunity for performance groups to join its Service and list Performances on its website. ZapTix employs a rigorous screening process in order to determine the legitimacy of all groups who apply to join. However, ZapTix makes no claim as to the legitimacy or accuracy of any group contained within our service, nor to any content these groups may provide.

  5. User Conduct.

    6. 5.1. User Conduct. You agree not to upload, post, email, or otherwise transmit through the Service: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation.

    5.2. Misrepresentation. ZapTix offers various social tools to enhance content. You agree not to defraud or misrepresent yourself, your content, other members, or their content by means of these tools.

    5.3. Group Administration. ZapTix offers the user the right to become an administrator for a Performance Group to which they belong. The Service currently accommodates groups at credited United States colleges and universities. In applying for group membership, you guarantee that all information regarding the group is accurate, truthful, and up to date, and is a legitimate, active group recognized officially by a United States college or university. You also guarantee that you will make every effort to keep this information accurate, truthful, and up to date as long as your group remains registered with the Service. ZapTix reserves the right to remove administrative privileges for any user, or remove any group from our Service at any point, for any reason, and with no advance notice required.

    5.4. Performance Listings. ZapTix enables groups to add Performances to our Service at will. You certify, that in adding a Performance to our service, that (a) all information regarding the performance is truthful and accurate, (b) all Performance dates and times are accurate and are guaranteed to be performed, and (c) that your Performance is being conducted in accordance with all federal, state, and local laws, and that you have obtained all rights necessary to perform or display the work. You are responsible for ensuring that all information regarding the performance complies with appropriate laws and guidelines, and assume full responsibility for the information you present. YOU ACKNOWLEDGE THAT ZAPTIX IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, CONTENT OR LEGITIMACY OF THE PERFORMANCES LISTED ON ITS SERVICE.

  6. Interruption or Change of Service. ZapTix, at its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the Service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.

  7. Termination. You agree ZapTix may immediately delete your Account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Service under any provision of this Agreement. You also acknowledge and agree that termination of any of Service may be effected without prior notice.

  8. Disclaimer of Warranties.

    9. 8.1. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

    8.2. ZapTix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    8.3. ZAPTIX MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ZAPTIX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.

    8.4. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

    8.5. ZAPTIX MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

    8.6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZAPTIX OR THROUGH OR FROM THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    8.7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

  9. Limitation of Liability


    10. 9.1. YOU AGREE THAT ZAPTIX, ITS PARTNERS, AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS, SUPPLIERS, LICENSEES AND DISTRIBUTORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ZAPTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    9.2. YOU FURTHER AGREE THAT ZAPTIX SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.

    9.3. You acknowledge that Pursuant to Section 512 of the Digital Millennium Copyright Act, ZapTix has a policy providing for termination of Service to Account holders who are repeat offenders. However, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ZAPTIX BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

    9.4. IN NO EVENT SHALL ZAPTIX BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.

    9.5. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.

  10. General. This Agreement and the relationship between you and ZapTix shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. You and ZapTix agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware. The failure of ZapTix to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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