Terms of Use (US)

Terms of Use for TodayTix

Last Revised: August 30, 2022

PLEASE READ THESE TERMS OF USE (THE "TERMS") CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITES AND/OR DIGITAL PROPERTIES OF TODAYTIX, INC. (THE "COMPANY"), ITS AFFILIATES OR AGENTS (COLLECTIVELY, THE "DIGITAL PROPERTIES") IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE DIGITAL PROPERTIES (EACH A "SERVICE" AND COLLECTIVELY, THE "SERVICES"), CLICKING ON THE "I ACCEPT" BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE DIGITAL PROPERTIES OR DOWNLOADING COMPANY’S MOBILE APPLICATION (THE "APPLICATION"), YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY. THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER OF ANY SERVICE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

THESE TERMS OF USE LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Services consist of the following, without limitation: a free mobile application for iOS and Android that provides access tickets for live events for certain cities throughout the country and across the world.

PLEASE NOTE THAT these Terms are subject to change by Company in its sole discretion at any time. When changes are made, Company will make a new copy of these Terms available at the Digital Properties and within the Application. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Digital Properties, the Application and/or the Services. Otherwise, your continued use of the Digital Properties, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE DIGITAL PROPERTIES TO VIEW THE THEN-CURRENT TERMS.

Use of the Services and Company Properties. The Application, the Digital Properties, the Services, and the information and content available on the Digital Properties and in the Application and the Services (collectively, the "Company Properties") are protected by copyright laws throughout the world.

1. Application License.

Subject to your compliance with these Terms, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service.

1. Updates.

You understand that Company Properties are evolving. As a result, Company may require you to accept updates to Company Properties that you have installed on your computer or mobile device. You acknowledge and agree that Company may update Company Properties with or without notifying you. You may need to update third-party software from time to time in order to use Company Properties.

1. Certain Restrictions.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Company Properties or any portion of Company Properties, including the Application, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, ticket information, or other Company Properties (including images, text, page layout or form) of Company; (c) you shall not use any metatags or other "hidden text" using Company’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Company Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from the Application (except that we may elect to grant the operators of public search engines revocable permission to use spiders to copy materials from the Company Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Company Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Company Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; downloading, distributing, or sharing ticketed video content booked through an account on TodayTix is strictly prohibited; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Company Properties. Any future release, update or other addition to Company Properties shall be subject to these Terms. Company, its licensors, suppliers and service providers reserve all rights not granted in these Terms. Any unauthorized use of Company Properties terminates the licenses granted by Company pursuant to these Terms.

1. Third-Party Materials.

As a part of Company Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Company to monitor such materials and that you access these materials at your own risk.

1. Registration.

1. Registering Your Account. In order to access certain features of Company Properties you may be required to become a Registered user. For purposes of these Terms, a "Registered user" is a user who has registered an account on a Digital Property ("Account"), or has a valid account on a social networking service ("SNS") through which the user has connected to the Services (each such account, a "Third-Party Account").

1. Access Through an SNS. If you access the Services through an SNS, you may link your Account with Third-Party Accounts, by allowing Company to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Company and/or grant Company access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of these Terms and conditions that govern your use of the applicable Third-Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by the operator of the Third Party Account. By granting Company access to any Third-Party Accounts, you understand that Company may access, make available and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through Company Properties ("Content") that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through Company Properties via your Account. Unless otherwise specified in these Terms, all SNS Content shall be considered to be Your Content (as defined in Section 3.1) for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on Company Properties. Please note that if a Third-Party Account or associated service becomes unavailable or Company’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through Company Properties. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the "Settings" function of your mobile device. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE OPERATOR OF THE THIRD-PARTY ACCOUNT IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH OPERATOR OF THE THIRD-PARTY ACCOUNT. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or noninfringement, and Company is not responsible for any SNS Content.

1. Registration Data. In registering for the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services’ registration fields (the "Registration Data"); and maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (a) at least thirteen (13) years old; (b) of legal age to form a binding contract; and (c) not a person barred from using Company Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your Account and refuse any and all current or future use of Company Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account per platform or SNS at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, in the event of any claim by a third party that a username violates the third party’s rights. You agree not to create an Account or use Company Properties if you have been previously removed by Company, or if you have been previously banned from any of the Company Properties.

1. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Company.

1. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Company Properties, including, but not limited to, a mobile device that is suitable to connect with and use Company Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Company Properties.

1. Right of Refusal. TodayTix reserves the right to refuse to accept any users, at its sole discretion.