Ticketmix /// Terms of Use

Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your acceptable access and use of the features and Content (as defined in Section 10 below) on the TicketMix, LLC ("TicketMix") Website located at www.TicketMix.com (the "Site"). By accessing or using the Site, you agree to abide by all applicable laws and be bound by the terms of this Agreement. Please read this Agreement and save it. If you do not wish to be bound by this Agreement, you may not access or use the Site. You must read this Agreement and indicate your acceptance during the Clique ID registration process (as described in Section 3 below).

You may receive a copy of this Agreement by emailing us at: support@ticketmix.com, Subject: Terms of Use Agreement. You can also review the most current version of the Agreement at any time by clicking on the [Terms of Service] link from any page on the Site. TicketMix may modify this Agreement from time to time and such modification shall be effective upon posting by TicketMix on the Site. Your continued use of the Site after TicketMix posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes to this Agreement.

Please choose carefully the information you post on or through the Site and that you provide to other users of the Site. You may not post on or supply the Site any form of prohibited Content, as outlined in Sections 9 and 13 below. Despite this prohibition, information, materials, products or services provided by other users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and TicketMix assumes no responsibility or liability for this material. If you become aware of misuse of the Site by any person, please click on the "Contact TicketMix" at the bottom of the Site pages.

TicketMix reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice or explanation, or bar you from future use of the Site, and without liability, including, without limitation, the right to restrict, suspend, or terminate your access to the Site, cancel your ticket order, cancel tickets you receive through the Site, and/or take appropriate legal action against you, including, without limitation, civil, criminal and injunctive action, if TicketMix, in its sole discretion, determines that you have violated this Agreement or pose a threat to TicketMix and/or its users. You agree that monetary damages may not provide a sufficient remedy to TicketMix for violations of this Agreement and you consent to injunctive and other equitable relief for such violations.

Access to the Site

TicketMix is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the World Wide Web, access to the World Wide Web, and any telephone or other connection and service fees associated with such access.
Permitted Use of Site/Prohibitions

You are authorized to visit this Site, and view and keep a copy of any Site pages for your personal use only. You cannot publish, modify, alter, download, duplicate or otherwise distribute the material on this Site for any purpose, other than to review event and promotional information, for personal use, or to purchase tickets, or to participate in the Interactive Areas, unless TicketMix provides you with written consent to do so. You agree not to deep-link to the Site unless TicketMix has authorized you to do so. You agree not to remove any intellectual property notices on any pages of this Site. You agree not to reproduce, reverse engineer, duplicate, copy, sell, create derivative works of, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site, unless TicketMix expressly gives you written permission to do so. You agree not to use any spider, robot, or other automatic device, process or means to access the Site, or interfere with the proper functioning of the Site in any way. You also agree not to use any bulletin board, chat, social network or any other Interactive Area, or advertise, solicit, or use links or any other form of communication, for any commercial purposes, including, without limitation, conducting ticket, services or merchandise sales of any kind, unless TicketMix provides prior written consent. You must also not use any information obtained from this Site for the purposes of harming, abusing, or harassing another person, or contacting, advertising to, soliciting to or selling to any Site user without their prior express consent. It will be considered a breach of this Agreement if you use this Site illegally or without authorization, such as using the Site or assisting someone in using the Site to illegally sell tickets.
Clique ID Registration

In order to purchase tickets to any event on this Site, or to participate in any Interactive Area (defined below), you will need to set up an account with TicketMix through the Clique ID registration process. The terms and conditions for registration with the Clique ID service are found at: http://www.sparkart.com/terms. You must agree to Clique ID's terms and conditions before you will be allowed to register for an account with Clique ID.
Eligibility for Use

Use of the Site and registration through Clique ID to be a "Member" for purposes of purchasing tickets and posting materials in the Site ("Membership") is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation. Your Member profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
Clique ID Account and Password Security

You will select a password and account designation upon completing a registration process for Membership with Clique ID or an online service provided through the Site (the "Service"). You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to (i) immediately notify TicketMix of any unauthorized use of your password or account or any breach of security and (ii) ensure that you fully exit from your account at the end of each session. TicketMix cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities which occur under your password or account.
Further Site User Obligations

In consideration of your use of the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or if TicketMix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TicketMix has the right to refuse any and all current or future use of the Site (or any portion thereof). The Site is for the personal use of visitors. As set forth more fully in Section 13 below, TicketMix reserves the right to remove any "Content" (as defined in Section 10 below) in its sole discretion. Illegal and/or unauthorized use of the Site, including collecting usernames, user id numbers, and/or email addresses by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money, is prohibited. TicketMix reserves the right to take appropriate legal action for any illegal or unauthorized use of the Site.
Purchasing Tickets
1. General
  
  Each ticket that you purchase is a revocable license to attend a particular event, and is subject to the additional terms, if any, set forth on that ticket. Breach of any terms or rules will terminate your license to attend the event without receiving a refund. A ticket is not redeemable for cash. TicketMix acts as the agent to those who are promoting or otherwise providing the events for which you purchase tickets, such as venues, teams, artists' representatives and fan clubs, promoters and leagues ("Promoters"). TicketMix handles the transaction and collects payment for the Promoter, and the tickets will be sent from the United States regardless of where you live or where the event will take place. All ticket prices are stated in U.S. Dollars.
2. Method of Payment/ Pricing, Fees and Availability
  
  TicketMix accepts the following methods of payment: Visa, American Express, MasterCard, Discover and Diner's Club. TicketMix does not set the prices for tickets or seating locations, nor does it control the inventory or availability of tickets allotted to an event or any additional tickets that a Promoter may issue for such event. Any available tickets are made available on a first-come, first-serve basis, and TicketMix does not warrant that the tickets will be available for every event, or for every person who wishes to attend the event. TicketMix shall not be liable for any pricing errors for tickets offered for sale on this Site. Please note that more popular events may sell out quickly. Per ticket convenience charges , per order processing charges (non-refundable) and delivery charges will typically be assessed to all tickets purchased through TicketMix's Site. Promoters determine how many tickets you can purchase for each event. This ticket limit will be verified with every transaction.
3. Order Confirmation
  
  All billing information must be verified before TicketMix processes any order for tickets. If your billing information is incorrect or cannot be verified, TicketMix will try to contact you using the information you provided at the time of purchase. If TicketMix cannot reach you after its initial attempt, then TicketMix may cancel your order and may sell your tickets to someone else without further notice. TicketMix will send you a confirmation number by email of your payment information. If you do not receive such confirmation, it is your responsibility to contact TicketMix and confirm your order has been processed.
4. How Will the Tickets be Delivered?
  
  When purchasing tickets, you may select any of the following delivery options: Will Call, UPS First Class, Fed Ex Overnight, Fed Ex 2nd Day, or regular mail. Some methods of delivery may not be available at the time of purchase depending on the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season or the nature of the demand for the event. If your tickets are to be delivered via "Will Call", they will be at the venue box office at the time of performance. The box office is usually open no later than 60 minutes before curtain time, so please plan accordingly. You must have the credit card you used for the purchase with you for identification, and photo ID may be required to accept deliveries in person. If someone else is picking up the tickets, that person must present the same credit card or a photocopy of it with an authorization note from you, and a copy of your order confirmation and confirmation number. If tickets have not been delivered within 7-10 days after the date of purchase, please contact TicketMix at: support@ticketmix.com no later than 5 pm on the day of the event for a weekday performance or 4 pm on a Saturday for a Saturday or Sunday performance to ensure proper TicketMix attention. Tickets will only be shipped to the billing address on file with the credit card company you used to purchase the tickets.
5. Refunds and Exchanges
  
  Subject to the Cancellations and Postponements section below, all sales are final. No request for cancellations, changes or refunds is accepted. TicketMix is not responsible for lost, stolen, damaged or destroyed tickets. Please be aware that certain types of tickets may be damaged by direct sunlight or heat.
6. Cancellations/Postponements
  
  If an event is either cancelled or postponed, TicketMix will attempt to contact you to inform you of any refund or exchange procedures for that event. Please note that TicketMix only offers refunds/exchanges based on the Promoter's policies, instructions and discretion. Exact refund or exchange information with respect to a cancelled or postponed event may be found on the event's on-line website or by contacting TicketMix. If a refund is issued for the cancelled or postponed event, a credit to the credit card that you used to purchase that ticket will be issued. If a refund is issued, it will be only for the face value paid for the ticket, plus the convenience charge and facility fee. If the event was scheduled to occur in Canada, then the order processing fee will also be refunded (but not for events scheduled to occur in the United States). The delivery charges and any other fees will not be refunded. In no way will TicketMix be liable for any costs or damages you or anyone else incurs, including any travel expenses, in connection with a cancelled or postponed event.
7. No Liability for Events
  
  TicketMix is not liable for any change or cancellation in any opening acts for events, and no refund will be owed if an opening act is changed or canceled. By purchasing a ticket through TicketMix, you agree to the terms of this Agreement on behalf of yourself and any accompanying minor. You also agree to assume all risks incidental to the event for which you purchased a ticket, whether before, during or after such event. In no event will TicketMix be liable for any injuries, death, damages, costs or any other claims of any form or kind arising from or in connection with the event for which you purchased a ticket, including, without limitation, any damages, injury or claims arising from, or in connection with, your travel, to, and attendance at, the event.
8. You are Subject to Promoter's Rules and Rights
  
  Please be aware that Promoters reserve the right, without giving a refund, to eject, or refuse admission to, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with the Promoter's rules. You cannot record or transmit, or assist anyone in recording or transmitting any portion of the event, whether by photo, reproduction, or otherwise. You might be searched before being allowed to enter an event. If you choose not to consent to a search, you may be denied entry to the event without refund or other compensation. You also may not be allowed to bring into the event certain items, such as alcohol, cameras, recording devices, and containers.
9. Unlawful Re-Sale of Tickets
  
  You agree not to unlawfully re-sell or attempt to re-sell any tickets purchased from TicketMix. You also agree not to use any such tickets for advertising, promotions, contests or sweepstakes, unless the Promoter gives you written permission to do so.
Promoter Registration

If you are a Promoter and wish to sell tickets to your event through the TicketMix Site, please contact TicketMix at: support@ticketmix.com. Please note the following Event/Promoter Guidelines:
1. Event/Promoter Approval and Disapproval Guidelines
  
  TicketMix reserves the right, in its sole discretion, to reject a Promoter's request to offer tickets for sale on the Site for a particular event, including, without limitation, for the following reasons:
  - Venue is not suitable for events
  - Promoter has a history of poor business practices
  - Event content is against our ethics (i.e. supports/promotes issues that TicketMix does not want to be associated with)
  - TicketMix is unable to verify Promoter as an established business
2. Promoter Settlement Guidelines
  
  Unless otherwise agreed to by the Promoter and TicketMix, the general settlement terms for each successful sale of a ticket for an event listed by the Promoter on the Site are as follows:
  1. Promoter is always responsible for the chargeback fee from our credit card processor, which is $25/chargeback;
  2. For "Good Events", meaning an event for which 5 or less refund requests or chargeback's were received by TicketMix within 5 days (per 1000 tickets sold): a payout of 90% of the amount received for each ticket sold for the Good Event, shall be due to the Promoter within 6 business days after the date of the event; and TicketMix shall retain the remaining 10% of the amount received for each ticket sold for the Good Event for another 3 weeks, and then issue the final check for such remaining amount to Promoter.
  3. for "Poor Events", namely an event for which 6 or more refund requests/ or chargeback's to customer service were received by TicketMix within 5 days (per 1000 tickets sold):
    1. All such Poor Event funds shall be frozen by TicketMix for 2 weeks;
    2. If refund requests/chargeback's continue, all funds will be retained by TicketMix until refund requests and chargeback's have stopped for 5 business days; TicketMix will release 50% of the amount received for each ticket sold for the Poor Event to the Promoter, retain the remaining 50% for 6 business days, and then issue the final check for such remaining amount to Promoter.
Use of Interactive Areas

The Site may contain "Interactive Areas," including chat rooms, bulletin boards, or other message, social networking and communications features to which you agree to post only messages or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content that:
1. Defames, threatens, or abuses others;
2. Is racially or ethnically offensive;
3. Is obscene, pornographic, vulgar, or harmful to children;
4. Infringes another's rights to intellectual property, publicity, or privacy;
5. Contains advertisements, promotions, or commercial solicitations;
6. Contains information intended to assist in the placement of a bet or wager; or
7. Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
TicketMix reserves the right to review, edit, or delete any content you post to this Site and to terminate your access to any Interactive Area at any time without notice for any reason whatsoever.

You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. TicketMix recommends against the posting of any personally identifiable information. TicketMix does not endorse or control the content, messages or information found in any Interactive Area and, therefore, TicketMix specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them. Interactive Area hosts are not necessarily employees or affiliates of TicketMix, and their views do not necessarily reflect those of TicketMix.
No Representations Regarding Site Content

It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site, including via text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content"). TicketMix does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. TicketMix makes no representations or warranties, express or implied, with respect to the information provided on the Site.
Proprietary Rights in the Content

You acknowledge and agree that Content contained in the Site or information presented to you through the Site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TicketMix or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part.

Those portions of the Site owned by TicketMix are the copyright of TicketMix. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity, including that which belongs to TicketMix. Content belonging to TicketMix is protected by copyright, trademark, patent, trade secret and other laws, and TicketMix owns and retains all rights in such Content. TICKETMIX is a trademark of TicketMix. All rights reserved. All other trademarks are the property of their respective owners.

TicketMix performs technical functions necessary to maintain the Site, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Site.
Proprietary Rights Regarding Member Content

TicketMix does not claim any ownership rights in the Content that you post on or through the Site ("Member Content"). After posting your Member Content to the Site, you continue to retain any such rights that you may have in your Member Content, subject to the limited license herein. By displaying or publishing any Member Content on or through the Site, you hereby grant to TicketMix a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Member Content, including without limitation distributing part or all of the Member Content in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your Member Content through the Site, and to use, reproduce, distribute, display and perform such Member Content as permitted through the functionality of the Site and under these Terms of Use. The license you grant to TicketMix is non-exclusive, perpetual, fully-paid and royalty-free, and worldwide.

You represent and warrant that: (i) you own the Member Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this Section 12, and (ii) the posting of your Member Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Member Content posted by you on or through the Site.
Prohibited Content/Activities

TicketMix may reject, refuse to post, or delete any Member Content for any or no reason, including Content that in the sole judgment of TicketMix violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. TicketMix assumes no responsibility for monitoring the Site for inappropriate Content, including any Member Content, or conduct. If at any time TicketMix chooses, in its sole discretion, to monitor the Site, TicketMix nonetheless assumes no responsibility for the Content, including any Member Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the visitor or Member submitting any such Content.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Site. TicketMix reserves the right to investigate and take appropriate legal action against anyone who, in TicketMix's sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of TicketMix:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. publicly posts information that poses or creates a privacy or security risk to any person;
7. constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or video or links to pirated music files or video;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Members;
13. involves commercial activities and/or sales without prior written consent from TicketMix, such as sweepstakes, contests, barter, advertising or pyramid schemes;
14. includes a photograph or video of another person that you have posted without that person's consent; and,
15. violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Site and through your use of the Site. TicketMix reserves the right to investigate and take appropriate legal action against anyone who, in TicketMix's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
2. advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site. You may not transmit any chain letters or junk email to another Member.
3. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
4. activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
5. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
6. impersonating or attempting to impersonate another Member, person or entity;
7. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8. using any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same; and,
9. using the Site in a manner inconsistent with any and all applicable laws and regulations.
Notice and Procedure for Copyright Infringement Claim

Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the "Act"), TicketMix reserves the right, but not the obligation, to terminate your right to use the Site if TicketMix determines in its sole and absolute discretion that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. TicketMix accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), as amended, TicketMix has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The designated agent of TicketMix (the "Agent") to receive notification of claimed infringement is:

[Adam Gothelf, Operations Manager]
Phone: [415.509.5336]
Facsimile: [310.207.5081]
E-mail: [adam@ticketmix.com]

TicketMix respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Agent listed above the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description and identification of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Links to Third Party Sites

The material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by TicketMix of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because TicketMix has no control over third-party websites and resources, you acknowledge and agree that TicketMix is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that TicketMix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.
Indemnification

You agree to indemnify and hold TicketMix, its directors, officers, employees, agents, contractors, co-branders or other partners 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 Site, your connection to the Site, your violation of the Agreement, your breach of your representations and warranties set forth in this Agreement, your posting of any Content through the Site that causes TicketMix to be liable to another, or your infringement of any intellectual property or other right of any other person or entity.
Enforcement

TicketMix does not assume responsibility to you or others for any failure by TicketMix to enforce the provisions contained in the Agreement.
Termination

You agree that TicketMix, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if TicketMix believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. TicketMix may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Agreement may be effected without prior notice, and acknowledge and agree that TicketMix may immediately bar any further access to the Site. Further, you agree that TicketMix shall not be liable to you or any third party for any termination of your access to the Site.
General Acknowledgments

You acknowledge that TicketMix may establish general practices and limits concerning your use of the Site. You agree that TicketMix has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. TicketMix reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that TicketMix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that TicketMix reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Privacy

The terms and conditions of TicketMix's Privacy Policy are located at [http://www.ticketmix.com] and are incorporated herein by reference. In the event of a conflict between the terms of this Agreement and those in the Privacy Policy, the terms of the Privacy Policy shall govern.
DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, TICKETMIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. TICKETMIX MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE OR ANY FILES YOU DOWNLOAD FROM THE SITE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
3. ANY MATERIAL, INFORMATION, CONTENT, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TICKETMIX OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
5. TICKETMIX IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MEMBER CONTENT OR THE ACCURACY AND RELIABILITY OF THE MEMBER CONTENT POSTED ON OR THROUGH THE SITE, WHETHER CAUSED BY MEMBERS OF TICKETMIX OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE AND SUCH MEMBER CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF TICKETMIX. TICKETMIX IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON ANY THIRD-PARTY WEBSITES THAT ARE LINKED FROM THE SITE, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY TICKETMIX. INCLUSION OF ANY LINKED WEBSITE ON THE SITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE ON THE SITE. WHEN YOU ACCESS THESE THIRD PARTY SITES, YOU DO SO AT YOUR OWN RISK. TICKETMIX IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY VISITOR TO OR MEMBER OF THE SITE.
6. TICKETMIX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY VENDORS, SUPPLIERS, USERS, TICKETMIX USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE TICKETMIX SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE TICKETMIX SERVICE, INCLUDING, WITHOUT LIMITATION, CLIQUE ID AND ANY SERVICES PROVIDED BY CLIQUE ID IN CONNECTION WITH THE SITE OR SERVICES. TICKETMIX IS NOT RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE OF ANY EVENT, OR ANY PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. TICKETMIX WILL NOT BE LIABLE FOR: (i) THE CONTENTS OF ANY COMMUNICATION, TEXT, VIDEO, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES; (ii) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY TICKETMIX THAT IS ACCESSED FROM OR LINKED TO THIS SITE; (iii) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY TICKETMIX OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY TICKETMIX; (iv) ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
7. EXCLUSIONS AND LIMITATIONS. IN NO EVENT WILL TICKETMIX BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA OR BUSINESS OPPORTUNITIES IN CONNECTION WITH THE USE OF OR INABILITY TO USE SITE OR ANY TICKETMIX SERVICE, EVEN IF TICKETMIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TICKETMIX'S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TICKETMIX FOR YOUR USE OF THE SITE.
Governing Law

The Agreement and the relationship between you and TicketMix shall be governed by and construed in accordance with the laws of TicketMix of Colorado without regard to its conflict of laws analysis. You and TicketMix agree to submit to the exclusive jurisdiction of the courts located within TicketMix of Colorado to resolve any dispute arising out of the Agreement. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
Waiver

TicketMix's failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TicketMix in writing.
Severability

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Agreement shall remain in full force and effect.
Time Limitation

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Agreement or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Headings

The section headings and sub-headings contained in the Agreement are for convenience only and have no legal or contractual effect.
Support

If you have any questions or concerns about this Site, the Agreement or the Privacy Policy, please contact: [support@ticketmix.com].
Other

This Agreement is accepted upon your use of the Site and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and TicketMix regarding the use of the Site.

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