DANCE BOX OFFICE
Terms Of Use Policy
THIS TERMS AND CONDITIONS OF USE AGREEMENT ("TCU" or "Agreement")
is made by and between DanceBoxOffice.com, a division of PhiladelphiaDANCE.org,
a Pennsylvania company, with a principal place of business at 536 Burmont Road,
Drexel HIll, PA 19026 ("Company," "DanceBoxOffice," "We,"
"Us," or "Our" ) and You, the user of this website ("site").
Use of this site is provided to You subject to this Agreement, which may be
updated from time-to-time at Our sole discretion. You hereby agree as follows:
BY USAGE OF THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THE WEBSITE'S PRIVACY POLICY AND THE WEBSITE'S USER AGREEMENT,
HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE
BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT
SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING
THIS SITE. ANY VIOLATION OF THIS AGREEMENT CAN RESULT IN ACTIONS BY US INCLUDING,
BUT NOT LIMITED TO, TERMINATION OF YOUR ACCESS AND RIGHT TO USE THE SITE, CANCELLATION
OF YOUR TICKET ORDER, AND/OR REMOVAL OF YOUR EVENT LISTING.
License
Subject to the terms and conditions set forth in this Agreement, We agree to
provide You with access and use of Our site. There is no fee paid by You for
access, although We charge Purchasers and Sellers, which You may be, for Our
ticketing services that We provide pursuant to Our agreements with them. Your
access to the site is provided pursuant to a free, non-exclusive, and revocable
license provided by us.
Accessibility
You understand and agree that the site may, at times, be inaccessible or inoperable
for any reason, including, but not limited to: (i) equipment or communications
malfunctions; (ii) periodic maintenance, repairs, or administrative reviews
which We may undertake from time-to-time; or (iii) causes beyond Our control
or which are not reasonably foreseeable by Us.
Equipment
You shall be solely responsible for providing, maintaining, and ensuring compatibility
with the site, all hardware, software, electrical, and other physical requirements
for Your use of Our site, including, but not limited to, telecommunications
and internet access connections and links, web browsers or other equipment,
and programs or services required to access and use the site.
Proprietary Rights
All or portions of this site are proprietary to Us and are protected by intellectual
property laws and/or treaties, including, but not limited to, copyright, trademark,
service mark, and patent laws. You agree to use this site for your own personal
use only and shall not copy, duplicate, display, transmit, distribute, modify,
or prepare derivative works for any other purpose unless We give You express
written permission to do so.
No Redistribution or Resale
You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute,
redistribute, or exploit for any commercial purposes, any portion of the site,
its use, or any access to it.
No Interference
You agree that You shall not use, implement, or employ, or directly or indirectly
aid, encourage, or solicit anyone else from using, implementing, or employing
any automated or manual device, process, or program (e.g. robot, spider, spyware,
etc.) designed to monitor, observe, track, gather, copy, or transmit any of
the content or user information contained on Our site without Our express written
permission. You further agree that You shall not use, implement, or employ,
or directly or indirectly aid, encourage, or solicit anyone else from using,
implementing, or employing any automated or manual device, process, or program
that interferes or attempts to interfere with the operation of Our site.
Linking and Framing
You agree not to bypass the home page of Our site and "deep-link"
to any other websites or frame Our content within another website or other medium
without Our express written permission. Our site may also provide links to other
web sites. These links are not intended to imply sponsorship, affiliation, or
endorsement. We do not exercise any control over these other sites. We are not
responsible or liable, either directly or indirectly, for the availability or
accessibility of these other sites, any transmissions initiated by or between
You and the other site, any of the content posted on the other site, or your
reliance upon such content.
Unacceptable Uses
You are solely responsible for any and all acts and omissions that occur while
You use this site, and You agree not to engage in unacceptable use of the site,
which includes, but is not limited to, use of the site to: (a) disseminate,
store or transmit unsolicited messages, chain letters, or unsolicited commercial
e-mail (also known as "spam"); (b) disseminate or transmit material
that, to a reasonable person, may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate,
store, or transmit files, graphics, software, material, or other content that
actually or potentially infringes the copyright, trademark, patent, trade secret,
intellectual property rights, or rights of privacy or publicity of any person
or instruct any person how to do so; (d) create a false identity or to otherwise
attempt to mislead any person as to the identity or origin of any communication;
(e) impersonate any person or entity, including, but not limited to, a DanceBoxOffice
employee or agent; (f) export, re-export or permit downloading of any message
or content in violation of any export or import law, regulation or restriction
of the United States and its agencies or authorities, or without all required
approvals, licenses or exemptions; (g) interfere, disrupt, or attempt to gain
unauthorized access to other passwords or accounts on the site or any other
computer network; (h) disseminate, store or transmit viruses, trojan horses,
or any other malicious code or program; (i) harm minors in any way; (j) solicit
personal information from anyone under eighteen (18) years of age; (k) solicit
confidential information; (l) interfere with or disrupt the site or the servers
or network connected to provide service to the site; (m) provide instructional
information about illegal or unlawful activities (l) "stalk" or otherwise
harass another person; (m) intentionally or unintentionally violate any applicable
local, state, national or international law; (n) engage in outside commercial
or business activities without Our express written consent; and/or (o) engage
in any other activity deemed by Us, in Our sole discretion, to be unacceptable
when using this site or in conflict with the spirit or intent of this Agreement.
Any violation of this section can result in termination of Your account and/or
license to use this site and any ticket orders and/or Event listings that You
place with Us, as well as other legal action. We will not routinely attempt
to match Your personally identifiable information to Your usage of the site
or to other information in our possession. However, in instances where We, in
our sole discretion, suspect or determine that the site is being used for any
unacceptable, inappropriate, or illegal purposes, personally identifiable information
relating to Your use of this site may be disclosed to other parties as We deem
appropriate. Such information may also be disclosed pursuant to any authorized
law enforcement investigation, regardless of whether it was initiated by Us
or by another party.
Good Samaritan Third-Party Content Policy and Complaint Procedures
1. Policy. We have provided opportunities for You to contribute content to Our
site through various means, including, but not limited to, Your user profile,
bulletin boards, and chats. It is Our policy, however, not to tolerate or allow
any acts of intellectual property infringement, violations of U.S. law, obscene
or defamatory material, or other unacceptable content to be posted at this site.
We will attempt to remove, disable or restrict access to or the availability
of content that, in Our sole discretion, is infringing, racist, obscene, obscene
as to minors, lascivious, excessively violent, harassing, or otherwise objectionable
or unacceptable. The provisions of this Section are intended to implement this
policy but are not intended to impose a contractual obligation on Us to undertake,
or refrain from undertaking, any particular course of conduct.
2. Complaint Procedures. If You believe that someone has posted content which
violates this policy (other than in cases of copyright infringement, which is
addressed in Section Ten(10)), promptly notify Us by e-mail at the following
address: philadelphiadance@gmail.com. You must use this address if you want
to ensure that your complaint is actually received by the appropriate person
charged with investigating alleged policy violations. In order to allow Us to
respond effectively, please provide Us with as much detail as possible, including:
(1) the nature of the right infringed or violated (including the registration
numbers of any registered trademarks or patents allegedly infringed); (2) all
facts which lead You to believe that a right has been violated or infringed;
(3) the precise location where the offending content is located; (4) any grounds
to believe that the person who posted the content was not authorized to do so
or did not have a valid defense (including the defense of fair use); and (5)
if known, the identity of the person or persons who posted the infringing or
offending content.
3. Indemnification/Waiver of Certain Rights. By lodging a complaint, You agree
that the substance of your complaint shall be deemed to constitute a representation
made under penalty of perjury under the laws of the State of Pennsylvania. In
addition, You agree, at Your own expense, to defend and indemnify Us and hold
Us harmless against all claims which may be asserted against Us, and all losses
incurred, as a result of Your complaint and/or Our response to it.
4. Waiver of Claims and Remedies. We expect all users of Our site to take responsibility
for their own actions and cannot assume liability for any acts of third-parties
which take place at this site. By taking advantage of the Good Samaritan procedures
set forth in this Section, You waive any and all claims or remedies which You
might otherwise be able to assert against Us under any theory of law (including,
but not limited to, intellectual property laws) that arise out of or relate
in any way to the content at this site or Our response, or failure to respond,
to a complaint.
5. Investigation/Liability Limitation. You agree that We have the right, but
not the obligation, to investigate any complaint received. By reserving this
right, We do not undertake any responsibility in fact to investigate complaints
or to remove, disable or restrict access to or the availability of content.
We support free speech on the Internet and therefore will not act on complaints
that we believe, in Our sole discretion, to be deficient. If You believe that
content remains on this site that violates Your rights, YOUR SOLE AND EXCLUSIVE
REMEDY SHALL BE AGAINST THE PERSON(S) RESPONSIBLE FOR POSTING OR STORING IT,
NOT AGAINST US.
Digital Millennium Copyright Act Compliance
If You believe that a work protected by a U.S. copyright which You own has been
posted or stored on Our site without Your authorization, You may contact Our
agent(s) as follows: Via U.S. mail, at the address listed above; via e-mail,
philadelphiadance@gmail.com; or via fax, (610) 394-9162. Please include information
sufficient to identify the work, its location on Our site, when you accessed
it, and Your copyright information. It is Our policy to terminate, in appropriate
circumstances, the access rights to Our site of repeat infringers.
Privacy
Your information is collected and utilized pursuant to Our Privacy Policy, incorporated
by reference herein. We do not knowingly collect information from children.
This site is intended for use by adults only.
Representations and Warranties
You represent and warrant the following: (i) You are over eighteen (18) years
of age; (ii) You have the right, power, and authority to enter into and perform
this Agreement; (iii) You will not use Our service or website for any unacceptable
uses, as partially listed in Section Eight (8); (iv) You will not use Our website
or service to violate any federal, state, and/or local law; and (v) You will
only use Our website or service to transmit and disseminate information reasonably
related to Your ticket purchase and/or Event information.
Disclaimer of Warranties
THE DanceBoxOffice SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE
MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B)
THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C)
THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR
(D) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE,
RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE
CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN,
OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER
ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET
GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE
SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE,
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY
CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (E)
ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND
(F) ANY PROBLEMS OR DIFFICULTIES THAT ARISE PERTAINING TO THE ISSUANCE OR PROCESSING
OF TICKETS OR WITH THE EVENT ITSELF, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY
MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO EITHER
ONE DOLLAR ($1.00) OR THE AMOUNT PROVIDED FOR UNDER THE "LIMITATION OF
LIABILITY" SECTION OF THE TICKET PURCHASING OR TICKETING SERVICES AGREEMENT,
IF APPLICABLE, WHICHEVER IS GREATER, AND SHALL NOT EXCEED THAT AMOUNT.
Indemnification
You agree to indemnify, hold harmless, and defend Us, Our directors, employees,
and agents from and against any action, cause, claim, damage, debt, demand or
liability, including reasonable costs and attorney's fees, asserted by any person,
arising out of or relating to: (a) this Agreement and/or any breach by You thereof;
(b) Your use of the site, including any data, content, or material transmitted
or received by You; (c) any unacceptable or objectionable use of the website,
as we determine in Our sole discretion; (d) any negligent or willful misconduct
by You; and (e) as otherwise provided in this Agreement.
Integration and Conflicting Terms
This Agreement, the Privacy Policy, and the Seller's Agreement, if applicable,
constitute the complete and exclusive statement and agreement between DanceBoxOffice
and You with respect to use of this site and supersedes any and all prior or
contemporaneous communications, representations, statements, agreements, and
understandings, whether in oral, written, or electronic form, between You and
Us concerning the use of the site and Our service. The terms of this Agreement
and the terms of the Ticket Purchasing and/or Ticketing Services Agreement (collectively,
"Other Agreements") shall be construed as consistent with each other
whenever possible, but if such construction is unreasonable due to conflicting
terms, the terms of the Other Agreements shall control.
Termination
Except as provided in the Other Agreements, if applicable, We may terminate
your right to access this site at any time and without notice, in our sole discretion.
Waiver
No waiver of any term, provision or condition of this Agreement and/or the privacy
policy, whether by conduct or otherwise, in any one or more instances, shall
be deemed to be, or shall constitute, a waiver of any other term, provision
or condition hereof, whether or not similar, nor shall such waiver constitute
a continuing waiver of any such term, provision or condition hereof. No waiver
shall be binding unless executed in writing by the party making the waiver.
Modification and Amendment
We have the right, at any time and without notice, to add or modify the terms
of this Agreement. Your access to or use of the site after the date such amended
terms are added shall be deemed to constitute acceptance of such amended terms.
No modification made by You shall be binding upon Us unless it is made in writing
and signed by Us.
Force Majeure
If the performance of any part of this Agreement by either party is prevented,
hindered, delayed, or otherwise made impracticable by reason of any flood, riot,
fire, judicial or governmental action, labor disputes, act of God, or any other
causes beyond the control of either party, that party shall be excused to the
extent that it is prevented, hindered, or delayed by such causes.
Severability
If any one or more of the provisions contained in this Agreement shall for any
reason be found to be invalid, illegal, or unenforceable in any respect, said
finding shall not affect the remaining provisions of this Agreement, which shall
be enforceable to the fullest extent permitted by law.
Arbitration
Any controversy or claim arising out of or relating to this contract or breach
thereof shall be settled by arbitration in accordance with the BBB Rules of
Binding Arbitration for Disputes Subject to Pre-Dispute Binding Arbitration
Clauses, and the judgment upon the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. Disputes alleging criminal
or statutory violations are precluded from the arbitration proceedings. Decisions
reached by the arbitrator(s) will be based on standards of fairness and/or application
of the law. This agreement to Arbitrate affects important legal rights, such
as filing suit, and unless this arbitration clause is executed by customer initial
or signature, the Agreement to Arbitrate is not mandated and therefore consent
to arbitrate must be obtained prior to seeking resolution to any dispute. There
will be no cost to the customer or the business for use of this service if the
business is a BBB member. If the business if a non-BBB member, the business
alone will be responsible for associated costs of this service. Further information
about this arbitration process can be obtained by contacting the BBB at 215.893.9235.
Governing Law and Forum
This Agreement is made in, and shall be governed by, the laws of Pennsylvania,
excluding its conflicts-of-law provisions. If, for any reason, the Arbitration
provision contained in Section Twenty-Two (22) shall be found to be invalid
or unenforceable in any respect, or You decide to challenge the arbitrator's
decision or this Agreement, or We initiate equitable proceedings, all actions,
claims, or disputes arising under or relating to this Agreement shall be brought
in the federal or state courts of Philadelphia, Pennsylvania. You irrevocably
submit and consent to the exercise of subject matter jurisdiction and personal
jurisdiction over you by the federal and/or state courts in Pennsylvania. You
hereby irrevocably waive any and all objections which You may now or hereafter
have to the exercise of personal and subject matter jurisdiction by the federal
or state courts in Pennsylvania and to the venue of any such suit, action, or
proceeding brought in any federal or state court in Philadelphia, Pennsylvania.
Remedies
In order to avoid irreparable injury to Us, in the event of any breach or threatened
breach by You of the provisions of this Agreement, We shall be entitled to an
injunction and/or other equitable relief restraining such breach. Nothing in
this Agreement shall be construed as prohibiting Us from pursuing any other
remedies available to Us for such breach or threatened breach, including the
recovery of monetary damages from You.
Notice
Except as provided herein, all notices relating to the site, Your use thereof,
this Agreement, and/or the privacy policy sent by either party shall deemed
to be delivered when sent via e-mail to the other party's last known e-mail
address.
Survivability
The respective rights and obligations of the parties under Sections Twelve (12)
through Fifteen (15), inclusive, and Sections Twenty-Two (22) and Twenty-Three
(23) and as otherwise provided in this Agreement, shall survive any termination
or expiration of this Agreement.
Headings and Order
The headings and sequential order of the sections contained in this Agreement
are for convenience or reference only and shall have no substantive or procedural
effects in construing the provisions of this Agreement.