TERMS OF SERVICE
1. Existence of Contract
2. Description of Service and Content
The Site provides an interactive online service operated by TiqIQ on the world wide web, including information services, content and transaction capabilities facilitated through TiqIQ or affiliates of TiqIQ, Publisher Partners and/or ticket merchants on the Site (“Merchants”).
3. Merchant Rules and Restrictions
Additional terms and conditions may apply to your reservation and purchase of tickets and/or services that you select. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Merchant with whom you elect to deal, including payment of all amounts when due and compliance with the Merchant’s rules and restrictions regarding availability and use of tickets, other products or services. You acknowledge that some Merchants offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such Merchant’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, in your forfeiting any monies paid for such reservation(s), and/or in our debiting your account for any costs we incur as a result of such violation.
4. Representations and Warranties
You represent and warrant that you have the legal power, authority and capacity to accept the terms of this Agreement. You represent and warrant that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these Terms of Service. If you are a minor, then you represent and warrant that you are 13 years of age or older. You may not access this Site if you are under the age of 13 years.
You represent and warrant that you own or have the necessary licenses, rights, permissions, and consents to use, and hereby authorize TiqIQ, its affiliates, and their respective employees, representatives or agents to use, any and all content submitted by you to TiqIQ in accordance with the licenses granted in this Agreement.
5. Service Guarantees / Warranties Disclaimer
THIS SITE IS MADE ACCESSIBLE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. USER EXPRESSLY AGREES THAT USE OF THIS SITE IS AT USER’S SOLE RISK. NEITHER TiqIQ NOR ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PUBLISHER PARTNERS, MERCHANTS, THIRD PARTY CONTENT PROVIDERS, LICENSEES OR LICENSORS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS OR MEMBERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, SECURE, OR FREE FROM BUGS, VIRUSES OR OTHER PROGRAM LIMITATIONS; NOR DO THEY MAKE ANY representation or WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE or the service, or as to tHE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE. THE INFORMATION CONTAINED IN THIS WEBSITE OR OTHER MATERIALS YOU MAY RECEIVE FROM TIQIQ DOES NOT CONSTITUTE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE.
TiqIQ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING THOSE OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WHERE ANY JURISDICTIONs LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE IN A PARTICULAR CIRCUMSTANCE, THEN TIQIQ SHALL BE ENTITLED TO THE BENEFIT OF SUCH DISCLAIMERS AND LIMITATIONS TO THE EXTENT PERMITTED BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE.
6. Intellectual Property
All of the materials on the Site are the property of TiqIQ or are used with express permission of the intellectual property owner. TiqIQ is not granting any license to you under any of those intellectual property rights by virtue of this Agreement. You may not copy, sell, market, distribute, transmit, post, link, deep link, prepare derivative works of or otherwise modify the content of the Site without the express written permission of TiqIQ and, if applicable, any third party owner of such content. You may download, print, and save copyrighted material from the Site for your personal use only.
By submitting any material to any public area of this Site, you grant to TiqIQ a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material, without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicensees, and you represent and warrant that if you are not the owner of such material, that the owner of such material has expressly granted you the right to grant the foregoing license to TiqIQ. You also agree that any other user may access, view, store or reproduce the material for that user’s personal use. You further grant TiqIQ the right to use, copy, modify, adapt, publish, translate and distribute any other material that you make available on or through the Site.
The provisions of this section entitled “Intellectual Property” are for the benefit of TiqIQ, its affiliates, and Merchants, Publisher Partners, licensees and licensors related to the Site, the Service, the Vouchers or the operation or use of any of the foregoing, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. Rules of User Conduct
You may not conduct or promote any illegal activities while using the Site. You may not employ any language or content that is unlawful, obscene, vulgar, defamatory, abusive, threatening, profane, invasive of privacy or publicity rights, false, libelous, slanderous or otherwise objectionable. You may not upload, distribute or print anything that may be harmful to minors. You may not take any action that violates, misappropriates or infringes upon the rights of others in any way. You may not distribute content that contains advertising, publicity, or solicitation for a product or services that did not receive prior written approval from TiqIQ. You may not attempt to circumvent, decrypt, reverse engineer or jeopardize or interfere with the correct functioning of the Site or the Service. You may not attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site. You may not attempt to gain access to secured portions of the Site to which you do not possess access rights. You may not upload or transmit any form of virus, worm, Trojan horse, or other malicious code. You may not use the Site to generate unsolicited email advertisements or spam. You may not use the Site to collect any personally identifiable information, including profile names, email addresses, or other such information, for commercial purposes. You may not interfere in any way with the proper functioning of the Site. You may not use any automatic or manual process to search or harvest information from the Site. You may not infringe upon the copyright, trademark, trade secret, or other intellectual property or proprietary rights of TiqIQ or others. You may not copy, display or use any of such intellectual property without the prior written permission of the relevant owner. You may not impersonate TiqIQ, its representatives or affiliates, Merchants, Publisher Partners or another user. You may not take actions that inhibit other users from using or enjoying the Site. You may not transmit or re-transmit, broadcast or re-broadcast, or use for your own commercial purposes, the Site.
8. Third Party Links
The Site may contain links to websites operated by persons unaffiliated with TiqIQ (“Third Party Sites”), such as the Merchants or Publisher Partners. If you use such links to access Third Party Sites, you will leave the Site and your browser will be re-directed to the Third Party Sites. The Third Party Sites may have their own terms of service and privacy policies and may have different practices and requirements than the Site. TiqIQ has no knowledge of, and is not responsible for, the content, information, services, products or advertisements presented by any Third Party Sites. You access such Third Party Sites at your own risk, and you will be subject the terms of service and privacy policies of those Third Party Sites. You should read and understand those terms and policies.
Any opinions, advice, statements, services, offers, judgments or other information or content expressed or made available by third parties are those of the respective author(s) and not of TiqIQ. TiqIQ neither endorses nor is responsible for the accuracy or reliability of any such content other than anyone other than authorized TiqIQ employees while acting in their official capacities, within the scope of their employment. TiqIQ shall not be liable for any loss or damage caused by a User’s reliance on information obtained through TiqIQ. User is alone responsible for evaluating the accuracy, completeness, or usefulness of any content available through the Site.
9. Limitation of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TiqIQ IS TO DISCONTINUE YOUR USE OF TiqIQ. IN NO EVENT SHALL TiqIQ’S LIABILITY, OR THE LIABILITY OF ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, PUBLISHER PARTNERS OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICE EXCEED THE TOTAL AMOUNT THAT YOU PAID TiqIQ FOR THE SPECIFIC GOODS OR SERVICES AT ISSUE. TiqIQ, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, VENDORS, PUBLISHER PARTNER AND MERCHANTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, punitive OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICE, OR FOR ANY ACTION OR OMISSION OF A THIRD PARTY.
THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TIQIQ. TIQIQ WOULD NOT BE ABLE TO PROVIDE YOU WITH SERVICES WITHOUT SUCH LIMITATIONS.
You agree to defend, indemnify and hold harmless TiqIQ, its affiliates, and their respective directors, officers, employees, representatives and agents from and against all claims, liabilities, damages, costs and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by you in connection with the Site, your use of and access to the Site or the Service, any improper, unauthorized or illegal uses of your profile, your violation of any term of this Agreement, or your violation of any third party right, including any property or privacy right.
You are solely responsible for your interactions with third parties and other users of the Site. To the extent permitted under applicable law, you hereby release TiqIQ, its affiliates, and their respective directors, officers, employees, representatives and agents from any and all claims, liabilities, damages, costs and expenses related to any product or service of any third party, any action or inaction by any third party, including such third party’s failure to comply with applicable law or any applicable agreement, and any conduct or speech, whether online or offline, of any other user.
12. Dispute Resolution by Arbitration / No Class Action
IT IS IMPORTANT THAT YOU READ THIS ARBITRATION CLAUSE. IT PROVIDES THAT YOU MAY BE REQUIRED TO SETTLE ANY CLAIM OR DISPUTE THROUGH ARBITRATION, EVEN IF YOU WOULD PREFER TO LITIGATE THE CLAIM IN COURT. YOU ARE GIVING UP THE RIGHTS YOU MIGHT HAVE TO LITIGATE SUCH CLAIMS BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION, MAY NOT BE AVAILABLE IN ARBITRATION OR MAY BE MORE LIMITED. YOU SHOULD CONSULT LEGAL COUNSEL TO DETERMINE WHETHER THIS ARBITRATION CLAUSE IS APPROPRIATE FOR YOU. YOU CAN OPT OUT OF THE ARBITRATION BY FOLLOWING THE INSTRUCTIONS IN THE LAST PARAGRAPH OF THIS ARBITRATION CLAUSE.
YOU UNDERSTAND THAT UNLESS YOU EXERCISE THE RIGHT TO OPT-OUT OF ARBITRATION IN THE MANNER DESCRIBED BELOW, YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO HAVE A JURY, TO ENGAGE IN DISCOVERY (EXCEPT AS MAY BE PROVIDED IN THE ARBITRATION RULES), AND TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES. YOU ALSO AGREE ANY ARBITRATION WILL BE LIMITED TO THE DISPUTE BETWEEN YOURSELF AND TIQIQ AND WILL NOT BE PART OF A CLASS-WIDE OR CONSOLIDATED ARBITRATION PROCEEDING.
EVEN IF APPLICABLE LAW PERMITS CLASS ACTIONS OR CLASS ARBITRATIONS, THE DISPUTE RESOLUTION PROCEDURE SPECIFIED ABOVE APPLIES AND, WE and you EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to that state’s principles of conflicts of laws.
Severing Invalid or Unenforceable Provisions. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction or as a result of future legislative action, such provision shall be deemed severable and shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect.
No Construction Against Drafter. The terms of this Agreement shall not be construed against TiqIQ by virtue of its having drafted them.
Survival. In the event of the termination of this Agreement, any obligation of TiqIQ or you which must by its nature survive such expiration or termination in order to be given full effect, shall survive such expiration or termination. In any event, all of TiqIQ’s rights under this Agreement (and to the extent applicable, all of the rights under this Agreement of its affiliates, its and its affiliates’ directors, officers, employees, representatives and agents, Merchants, Publisher Partners, licensees and licensors) shall survive any termination of this Agreement.
No Third Party Beneficiaries. Nothing in this Agreement is intended to confer on any third party (whether referred to in the Agreement by name, class, description or otherwise) any benefit or any right under any legislation in any country to enforce any provisions of this Agreement, except as expressly contemplated in this Agreement.
Shortened Statute of Limitations. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, THE SERVICE, OR THE SUBJECT MATTER OF THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Independent Contractors. You and TiqIQ are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency.
No Assignments or Transfers. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without TiqIQ’s prior written consent (in its sole discretion), and any attempt by you to do so in violation hereof will be void and ineffective. TiqIQ and its affiliates may assign their respective rights and obligations under this Agreement (in whole or in part) without your consent or notice to you.
Consent to Electronic Communications. TiqIQ will generally communicate with its users by electronic means, such as email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Notice and Takedown
TiqIQ reserves the right to terminate the access, profile or agreement with any user who infringes third party copyright or other third party intellectual property rights upon prompt notification to TiqIQ by the third party rights holder or its legal agent. Without limiting the foregoing, any person who or which believes that his or its intellectual property has been copied and posted via the Site in a way that constitutes infringement shall provide TiqIQ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the rights holder; (b) an identification and location on the Site of the property that is claimed to be infringed; (c) a written statement by that they have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law; (d) such person’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such person that the foregoing information in the notice is accurate and, under penalty of perjury, that the person delivering the notice is the owner of the property in question or authorized to act on the owner’s behalf.