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FreeTicketClassifieds.com TERMS OF USE
1. ACCEPTANCE OF TERMS
FreeTicketClassifieds.com provides free ticket classified
ads (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the Service
in any way, you are agreeing to comply with the TOU. In addition, when using
particular FreeTicketClassifieds.com services, you agree to abide by any applicable posted
guidelines for all FreeTicketClassifieds.com services, which may change from time to time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with FreeTicketClassifieds.com
in any way, your only recourse is to immediately discontinue use of FreeTicketClassifieds.com.
FreeTicketClassifieds.com has the right, but is not obligated, to strictly enforce the TOU
through self-help, community moderation, active investigation, litigation and
prosecution.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the TOU at:
http://freeticketclassifieds.com/FTC_terms_of_use.html
3. CONTENT
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that you
post, email or otherwise make available via the Service. You understand that
FreeTicketClassifieds.com does not control, and is not responsible for Content made available
through the Service, and that by using the Service, you may be exposed to
Content that is offensive, indecent, inaccurate, misleading, or otherwise
objectionable. Furthermore, the FreeTicketClassifieds.com site and Content available through
the Service may contain links to other websites, which are completely
independent of FreeTicketClassifieds.com. FreeTicketClassifieds.com makes no representation or warranty as
to the accuracy, completeness or authenticity of the information contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will FreeTicketClassifieds.com be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that FreeTicketClassifieds.com does not pre-screen or approve Content, but that FreeTicketClassifieds.com
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
The FreeTicketClassifieds.com site and Content available through the Service may contain
features and functionalities that may link you or provide you with access
to third party content which is completely independent of FreeTicketClassifieds.com,
including web sites, directories, servers, networks, systems, information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or through
the Service, including payment and delivery of goods or services, and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between you and such organizations and/or individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these
third parties.
You agree that FreeTicketClassifieds.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings. If there is
a dispute between participants on this site, or between users and any third
party, you understand and agree that FreeTicketClassifieds.com is under no obligation to
become involved. In the event that you have a dispute with one or more other
users, you hereby release FreeTicketClassifieds.com, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related
to such disputes and / or our service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
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 notify FreeTicketClassifieds.com's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
tickets@theticketlodge.com
Please provide our Agent with the following Notice:
a) Identify the material on the FreeTicketClassifieds.com site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
FreeTicketClassifieds.com will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
FreeTicketClassifieds.com has established a Privacy Policy to explain to users how their
information is collected and used, which is located at the following web
address:
http://www.FreeTicketClassifieds.com/privacy_policy.html
Your use of the FreeTicketClassifieds.com website or the Service signifies acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree that
FreeTicketClassifieds.com may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that contact
information (e.g. phone number, street address) of a third-party has been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of FreeTicketClassifieds.com, its users or
the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
c) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
d) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by
law.
e) that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
f) contact anyone who has asked not to be contacted, or make unsolicited
contact with anyone for any commercial purpose;
g) "stalk" or otherwise harass anyone;
h) collect personal data about other users for commercial or unlawful
purposes;
8. LIMITATIONS ON SERVICE
You acknowledge that FreeTicketClassifieds.com may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained
by the Service, the maximum number and size of postings, email messages, or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that FreeTicketClassifieds.com
has no responsibility or liability for the deletion or failure to store any
Content maintained or transmitted by the Service. You acknowledge that
FreeTicketClassifieds.com reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that FreeTicketClassifieds.com
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
9. ACCESS TO THE SERVICE
FreeTicketClassifieds.com grants you a limited, revocable, nonexclusive license to access
the Service for your own personal use.
FreeTicketClassifieds.com permits you to display on your website, or create a hyperlink
on your website to, individual postings on the Service so long as such use
is for noncommercial and/or news reporting purposes only (e.g., for use in
personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by FreeTicketClassifieds.com to do so. You may also
create a hyperlink to the home page of FreeTicketClassifieds.com sites so long as the
link does not portray FreeTicketClassifieds.com, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
FreeTicketClassifieds.com offers various parts of the Service in RSS format so that users
can embed individual feeds into a personal website or blog, or view postings
through third party software news aggregators. FreeTicketClassifieds.com permits you to
display, excerpt from, and link to the RSS feeds on your personal website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'FreeTicketClassifieds.com' as the source, (d) your use or
display does not suggest that FreeTicketClassifieds.com promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
FreeTicketClassifieds.com's systems. FreeTicketClassifieds.com reserves all rights in the content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by
FreeTicketClassifieds.com immediately terminates said permission or license. In order to
collect, aggregate, copy, duplicate, display or make derivative use of the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must first
obtain a license from FreeTicketClassifieds.com.
10. TERMINATION OF SERVICE
You agree that FreeTicketClassifieds.com, in its sole discretion, has the right (but not
the obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation,
if FreeTicketClassifieds.com believes that you have acted inconsistently with the letter or
spirit of the TOU. Further, you agree that FreeTicketClassifieds.com shall not be liable
to you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws
and international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of FreeTicketClassifieds.com. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of FreeTicketClassifieds.com, and agree to abide by any and all copyright notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes, any
aspect of the Service.
Although FreeTicketClassifieds.com does not claim ownership of content that its users post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant, to
FreeTicketClassifieds.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display, and distribute said Content and to
prepare derivative works of, or incorporate into other works, said Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the Service,
you automatically grant FreeTicketClassifieds.com all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
11. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE FreeTicketClassifieds.com SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE FreeTicketClassifieds.com SITE AND THE SERVICE ARE PROVIDED ON AN "AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW,
FreeTicketClassifieds.com DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE FreeTicketClassifieds.com SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeTicketClassifieds.com DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
FreeTicketClassifieds.com SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON
THE FreeTicketClassifieds.com SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FreeTicketClassifieds.com
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE FreeTicketClassifieds.com SITE OR THE SERVICE. Some jurisdictions do
not allow the disclaimer of implied warranties. In such jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate to
implied warranties.
12. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FreeTicketClassifieds.com BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FreeTicketClassifieds.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE FreeTicketClassifieds.com SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE FreeTicketClassifieds.com SITE OR THE SERVICE, FROM
INABILITY TO USE THE FreeTicketClassifieds.com SITE OR THE SERVICE, OR THE INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FreeTicketClassifieds.com SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE FreeTicketClassifieds.com SITE OR THE SERVICE OR ANY
LINKS ON THE FreeTicketClassifieds.com SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FreeTicketClassifieds.com SITE
OR THE SERVICE OR ANY LINKS ON THE FreeTicketClassifieds.com SITE. THESE LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, some of
the foregoing limitation may not apply to you.
13. INDEMNITY
You agree to indemnify and hold FreeTicketClassifieds.com, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party
due to or arising out of Content you submit, post or make available through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
14. GENERAL INFORMATION
The TOU constitute the entire agreement between you and FreeTicketClassifieds.com and
govern your use of the Service, superceding any prior agreements between you
and FreeTicketClassifieds.com. The failure of FreeTicketClassifieds.com to exercise or
enforce any right or provision of the TOU shall not constitute a waiver of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain in
full force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
15. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for
review, or by emailing to:
tickets@theticketlodge.com
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches.
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