DANCE BOX OFFICE
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:
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.
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.
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.
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.
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.
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: email@example.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, firstname.lastname@example.org; 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.
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.
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
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.
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.
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.
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.
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.
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.
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.