Terms

Welcome to TicketBreak.

The following are the Terms of Use (these "Terms") that govern use of the TicketBreak.com. By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. TicketBreak reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate these Terms, TicketBreak may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify 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 merchandise for your personal use, unless otherwise specifically authorized by TicketBreak to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by TicketBreak to do so. The content and software on this Site is the property of TicketBreak and/or its suppliers and is protected by U.S., Canadian and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

Ticket Purchase Policy

Please review the Purchase Policy, which will govern your order or purchase of any tickets through the Site.

User Contributions to the Site

From time to time, the Site may provide you with opportunities to contribute to the Site, which may include, but not be limited to, uploading your user profile, participating in chats and using bulletin boards. Anything that is contributed to the Site by you or other Site users will be referred to in these Terms as "User Content". TicketBreak is not liable or responsible for any User Content. The contributions of third parties do not necessarily represent the view or opinions of TicketBreak. TicketBreak cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us at legal@ TicketBreak.ca if the material is on TicketBreak.com. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. TicketBreak has no control over these sites or the content within them. TicketBreak cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. TicketBreak does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against TicketBreak for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at legal@ TicketBreak.com, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Prohibited Content

The following is a partial list of the kind of User Content which is illegal or prohibited on the Site. It includes User Content that:

  • is patently offensive to the online community, such as User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual
  • could be harmful to minors
  • harasses or advocates harassment of another person
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
  • 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 manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page)
  • displays pornographic or sexually explicit material of any kind
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users
  • and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Offline Conduct

Although TicketBreak cannot monitor the conduct of users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without their prior explicit consent.

Commercial Use

No bulletin board, chat or other areas of this Site may be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a ticket order on any user known or reasonably believed to be associated with any ticket broker or scalper, or utilizing automated means to process or place ticket orders, or whose ticket order exceeds the stated limit. Please note that TicketBreak has entered into agreements with certain sport teams for whom TicketBreak hosts web sites that are designed to allow such sports teams' season ticket holders to sell individual game tickets from their season ticket packages through such web sites ("Season Ticket Sale Sites"). Some of these Season Ticket Sale Sites can be found through this Site. Nothing in this paragraph shall prohibit the sale or purchase of tickets through the Season Ticket Sale Sites, as long as such sales and purchases are conducted pursuant to the terms that apply to the Season Ticket Sale Sites.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of TicketBreak.

Unauthorized Use of the Site

Illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Violation of the Terms

You understand and agree that in TicketBreak's sole discretion, and without prior notice, TicketBreak may terminate your access to the Site, cancel your ticket order or exercise any other remedy available and remove any unauthorized User Content, if TicketBreak believes that your conduct, or the User Content you provide, violates or is inconsistent with these Terms, or violates the rights of TicketBreak, another user or the law. You agree that monetary damages may not provide a sufficient remedy to TicketBreak for violations of these Terms and you consent to injunctive or other equitable relief for such violations. TicketBreak is not required to provide any refund to you if you are terminated as a User because you have violated these Terms or any of TicketBreak 's rights. For more information about how we handle copyright infringements on the Site, please see our Copyright Policy.

Privacy

We believe that your privacy and the privacy of all our users is important. These Terms are subject to the Privacy Policy, which is hereby incorporated by reference. TicketBreak will not be responsible or otherwise liable for any use or disclosure of your contact information, or financial information, by a third party to whom TicketBreak is allowed to disclose your contact information under the Privacy Policy. If you post any User Content to the Site, by electronic mail or otherwise, we will treat it as non-confidential and non-proprietary to you. When we say in these Terms "post" we mean the provision of information (including, but not limited to, "User Content") to the Site through features of the Site that are used to make information available to other members of the public (e.g., user reviews, bulletin boards, chat rooms, etc.). Information that is posted to the Site shall not be subject to the Privacy Policy and may be publicly displayed and disclosed and otherwise used by TicketBreak or any third party in any way. By posting User Content to the Site, you authorize us to use or allow others to distribute, reproduce or otherwise use such User Content. You should not post information about yourself on the Site that can be used to identify or contact you, including, but not limited to, your name, home or work address, phone numbers, pagers, email address or other such information. If you post such information, TicketBreak cannot prevent it from being used in a manner that violates these Terms, the law, or your personal privacy and safety. By posting such information on the Site, you violate these Terms, and you assume the risks and sole liability for the results of such posting.

TicketBreak is not liable for any lost data resulting from the operation of the Site or the enforcement of the Terms. We urge all users to maintain their own back up versions of any User Content or other information they submit to the Site.

U.S. Export Controls

This Site and software derived from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Site or any software derived there from, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defence or fair use exemption to do so. In particular, users who submit User Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the User Content they upload does not infringe the copyrights or other rights of third parties (including, but not limited, to trademark, trade secret, privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access to this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access to the Site prior to that time if we believe that an alleged infringement has occurred.

Disclaimers

TICKETBREAK DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TICKETBREAK CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TICKETBREAK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TICKETBREAK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES. TICKETBREAK MAKES NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE TICKETBREAK SERVICE.

TICKETBREAK DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, TICKETBREAK USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE TICKETBREAK SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE TICKETBREAK SERVICE. TICKETBREAK IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.

Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to TicketBreak at legal@ TicketBreak.com. TicketBreak may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL TICKETBREAK BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF TICKETBREAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disputes

If you have a dispute and your dispute involves an event (or a ticket for an event) that is located in Canada, then the dispute will be governed by the laws of the Province of Ontario without regard to its conflict of law provisions and you consent to personal jurisdiction, and agree to bring all actions, exclusively in courts located in Toronto, Ontario.

Indemnity

You agree to indemnify and hold TicketBreak and its affiliates, and each of TicketBreak 's and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Trademarks

TicketBreak and TicketBreak.com and design are registered trademarks of TicketBreak. All rights reserved.

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