" TiXiT is an idea whose time has come! "
TiXiT TERMS OF SERVICE
Acceptance of Terms
By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately.
Registration, Accounts and Passwords
You agree to (1) provide true, accurate, current and complete data about yourself on the TiXiT registration form ("Registration Data") and (2) promptly update the Registration Data to keep it true, accurate, current and complete. If you fail to do any of these things, TiXiT will have the right to suspend or terminate your use of the Service and/or terminate your account. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will receive a password and account upon completing the registration form. You are solely responsible for maintaining the confidentiality of your password and account, and you are solely responsible for all use of your password or account, whether authorized by you or not. You agree to (a) immediately notify TiXiT of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account each time you use the Service. Access and use of password protected and/or secure areas of the Service are restricted to users who have been given a valid password by TiXiT. Unauthorized individuals attempting to access these areas of the Service may be subject to prosecution.
Grant of Limited License
If you post any content to the Service, you hereby grant TiXiT and its affiliates and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content, and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant to TiXiT the license set forth in this section without infringing or violating the rights of any third party.
TiXiT respects the intellectual property of others, and we ask our users to do the same. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, TiXiT may, in its sole discretion, investigate the allegation and/or edit, remove or request the removal of such content. Notwithstanding the foregoing, TiXiT does not ensure that any such content will be edited or removed. TiXiT may terminate the accounts of users who infringe the intellectual property rights of others.
Therefore if you believe that any such third party materials infringe your intellectual property rights, please contact the following agent to request a review of the alleged infringement: TiXiT, LLC. corporate@TiXiTBox.com.
TiXiT owns all right, title and interest in and to the Service and all materials and content contained in the Service, including, without limitation, all content, site design, logos, button icons, images, digital downloads, data compilations, text, and graphics are protected by copyright, trademark and other intellectual property laws. Any unauthorized use of the materials provided as part of the Service is strictly prohibited.
Permission is granted to individual consumers to electronically copy and to print hard copy portions of the Site or other Service solely for personal use. Any other use of materials on the Site or other Service, including reproduction for purposes other than those noted above, modification, distribution, or republication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of TiXiT is strictly prohibited. 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 therein without prior written permission of an authorized officer of TiXiT.
TiXiT is a proprietary service mark of TiXiT, LLC. TiXiT's service marks/trademarks may not be used in connection with any product or service that is not provided or authorized by TiXiT, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TiXiT.
You agree that all purchases made by you on the Service are subject to the purchase/exchange/return policies of the event promoter and primary ticketing service (e.g. Ticketmaster). All purchases are subject to any TiXiT service fees and charges and service fees and charges assessed by sites TiXiT directs you to for completion of your transaction, which are also non-refundable. You will be responsible for paying all applicable taxes in connection with your purchase of any tickets.
Descriptions or images of, or references to, products or services on the Site do not imply TiXiT's endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to TiXiT's acceptance of any order. Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to TiXiT's refund and exchange policies then in effect.
YOU AGREE THAT YOUR USE OF OTHER INTERNET WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
Access By Minors
TiXiT cannot prohibit minors from visiting this site. TiXiT must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two websites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that TiXiT does not endorse any of the products or services listed at such websites.
Access from Outside the United States
The Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
DISCLAIMER OF WARRANTIES
TIXIT PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. TIXIT, ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TIXIT DOES NOT WARRANT THAT THE SERVICE WILL (1) BE UNINTERRUPTED; (2) BE FREE FROM INACCURACIES, ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; (3) MEET YOUR REQUIREMENTS; OR (4) OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOUR USE OF THE SERVICE IS SOLELY AT YOUR RISK.
EXCLUSION OF DAMAGES
TIXIT, AND ITS SUBSIDIARIES AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR ANY DAMAGES WHATSOEVER THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND EVEN IF TIXIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. WITHOUT LIMITING THE FOREGOING, TIXIT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF (1) YOUR FAILURE TO COMPLY WITH SECTION 3 (REGISTRATION, ACCOUNTS AND PASSWORDS) OR (2) CONTENT POSTED TO THE SERVICE BY YOU OR ANY THIRD PARTY.
LIMITATION ON LIABILITY
APPLICABILITY OF DISCLAIMERS, EXCLUSIONS AND LIMITS
BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF DAMAGES, TIXIT'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION. IN ADDITION, BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, THE DISCLAIMERS SET FORTH IN SECTION 10 MAY NOT APPLY TO YOU.
THIRD-PARTY WEB SITES
THE THIRD-PARTY WEB SITES LINKED TO OR FROM THE SERVICE ARE NOT CONTROLLED BY TIXIT. ACCORDINGLY, TIXIT MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY WEB SITES AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH WEB SITES. YOUR USE OF THIRD-PARTY WEB SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SERVICE OF A LINK TO A THIRD-PARTY WEB SITE DOES NOT IMPLY AN ENDORSEMENT BY TIXIT.
In its sole and absolute discretion, with or without notice to you, TiXiT may (1) suspend or terminate your use of the Service, or (2) terminate your account. You may terminate your account for any reason by emailing TiXiT at unsubscribe@TiXiTbox.com. TiXiT shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension of the Service.
Last Revised: January 2010
TiXiT, LLC ("TiXiT") is concerned about your privacy and wants you to be familiar with how it collects, uses and shares your information. TiXiT collects some or all of the following information whenever you sign up for or use the various TiXiT services and products, including without limitation the TiXiT Web site any other Web site owned or operated by TiXiT (each a "Site"), online mobile service, and telephone service, and/or purchase event tickets or other products or services offered by TiXiT or any affiliate (collectively, the "Service"). Some of this information is collected automatically and some is collected only when you provide it voluntarily.
A SPECIAL NOTE ABOUT CHILDREN
TiXiT is not designed or intended for use by children under 13. If you are under 18, you should use TiXiT only with involvement of a parent or guardian. Children under 13 may not submit any Personally Identifiable Information (as defined below) to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it.
This does not mean that we can prevent spam from happening on the Internet. Unfortunately, spammers obtain email addresses in a number of devious ways, including when you respond and ask to be taken off a spam email list, and in some cases by just generating emails to millions of random email addresses in the hopes of getting a few "live" ones. Please be assured that at TiXiT we hate spam as much as you do, and we do our best to avoid contributing to it.
All of our newsletters and other general email marketing communications also include an "unsubscribe" opt-out link that you may use to ask that we discontinue such emails to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative emails, such as email confirmations of ticket purchases, or emails regarding changes to your account).
All that said, if you believe that you have gotten unsolicited email from us, please contact us and we will investigate. Please be assured that we strive not to contact anyone for marketing purposes without permission, and if you prefer not to receive any further marketing communications from us, just tell us and we'll try to make sure you never hear from us again.
WHAT TYPES OF INFORMATION DOES TIXIT COLLECT?
Personally Identifiable Information.
Personally identifiable information is information that identifies you as an individual, such as your name, mailing address, phone number, email address, credit/debit card number and expiration date (or other payment-method information), login ID, member name and password ("Personally Identifiable Information"). When you sign up for or use the Site or other Service, TiXiT collects some amount of Personally Identifiable Information from you. TiXiT also collects Personally Identifiable Information that you may voluntarily provide when you use the Site or other Service, that you may disclose in a public area of the Site or other Service (such as a rating/review page, message board or chat room), or that you may include if you communicate with TiXiT. In addition, when you use certain features of the Site or other Service, TiXiT will collect the email addresses or other Personally Identifiable Information of others that you may provide.
Non-Personally Identifiable Information.
TiXiT collects information from you automatically when you use the Site or other Service. However, the information that TiXiT collects automatically does not contain Personally Identifiable Information. The automatically collected information may include information such as your browser type, the URL of the previous Web sites you visited, the Web pages and advertisements you view or select, the type of Service you use and the searches you conduct. This information also may include your event preferences, such as the events for which you buy tickets and the venues where you see those events. TiXiT also collects information that does not include Personally Identifiable Information when you voluntarily provide it (such as in response to a questionnaire or survey) or post it to a public area of the Site or other Service (such as a rating/review page, message board or chat room).
HOW DOES TIXIT AUTOMATICALLY COLLECT INFORMATION?
An IP address is a number that is assigned to your computer automatically when you use the Internet. TiXiT logs your IP address when you use the Site or other Service. TiXiT uses your IP address to track your use of the Site or other Service.
Pixels, also called clear GIFs, are invisible files on Web pages that you visit. When you visit a page on the Site that contains a pixel, the pixel communicates with your computer to determine, among other things, whether you have been to that page before or viewed a particular advertisement. TiXiT uses pixels to serve advertising, enhance email advertising, and track usage of the Site or other Service.
Where authorized and as permitted by FTC guidelines and all other applicable laws, rules and regulations, TiXiT may also use or allow the use of web beacons, trusted vendors and other third party companies who may gather data for purposes of advertising and/or to report website traffic and statistics. TiXiT may also use other monitoring technologies to gather anonymous statistics about our website visitors.
HOW DOES TIXIT USE THE INFORMATION?
Personally Identifiable Information.
TiXiT uses your Personally Identifiable Information to notify you of changes to the Site or other Service, to let you know about events or other entertainment opportunities, and other products or services you may be interested in, and to request your participation in surveys or other promotions. You can choose not to receive certain communications from TiXiT as described in the section below entitled "Receiving Communications and Opting Out." TiXiT also uses your Personally Identifiable Information to process and fulfill your purchases, provide you with information that you request, and deliver content to you that is relevant to your interests.
TiXiT also combines your usage information for the Site or other Service with that of other users to determine which features and areas of the Site or other Service are most popular. By collecting and analyzing this data, TiXiT can improve the Site or other Service. This "Aggregate Information" does not contain any of your Personally Identifiable Information.
WHO DOES TIXIT SHARE INFORMATION WITH?
TiXiT shares Aggregate Information with potential partners, advertisers, investors and other interested third parties in connection with the marketing of TiXiT's products and services. However, Aggregate Information does not include any of your Personally Identifiable Information.
Selling and Renting Information.
TiXiT does not sell or rent your Personally Identifiable Information to third parties. However, in the event that you expressly opt-in via the Site or other Service to receive particular products or services, or information about products or services, that are offered by third parties, or otherwise authorize us to do so, we will share your Personally Identifiable Information with those third parties as appropriate for those limited purposes. TiXiT may also share with those same third parties certain limited personal information that, without other information, does not specifically identify you.
Sharing with Social Networks or Other Sites You May Authorize.
If you are a member of a social network service (such as Twitter, Facebook, MySpace, etc.) or you use other Internet sites where you have authorized them to gather information about your online behavior on TiXiT (for instance, to notify your friends that you have bought event tickets), including participation in any behavioral reporting program that they may operate on or off of their own site (i.e., Facebook Beacon, etc.), TiXiT may share information regarding your activities on our Site or other Service with those third parties pursuant to your authorization, and they may associate that information with Personally Identifiable Information they already have about you (such as your Facebook Profile) and use it to improve their site or services or for other purposes. TiXiT does not control the privacy policies of such third parties, and their privacy policies will govern their use of your information once it has been transmitted by TiXiT. TiXiT assumes no responsibility or liability for the actions of such third parties with respect to their use of your information or otherwise. Accordingly, make sure you are aware of and comfortable with the privacy policies of any third parties that you authorize to gather information from TiXiT.
TiXiT may also share cookies and pixels with trusted service providers or other third parties to customize your experience on the Site or other Service or to provide you with more relevant information or otherwise improve your experience on other Web sites, but those third parties will not contact you directly. TiXiT may transfer the Personally Identifiable Information it collects to any affiliates, trusted business partners or joint venturers, or successors in interest to TiXiT, such as a company that acquires TiXiT. TiXiT may also disclose your Personally Identifiable Information if it determines that an applicable law, regulation or legal process requires it, or if TiXiT determines that it needs to share such information to protect or enforce TiXiT's rights or the rights of another user.
WHAT OPTIONS DO I HAVE TO CONTROL THE USE OF MY INFORMATION?
Receiving Communications and Opting Out
During registration and certain purchases, you can "opt out" of receiving certain communications from TiXiT and our partners. All of our newsletters and other general email marketing communications also include an "unsubscribe" opt out link that you may use to ask that we discontinue such emails to you. (Even if you opt-out of our newsletter or other marketing communications, we may still send you certain transactional or administrative emails, such as email confirmations of ticket purchases, or emails regarding changes to your account.)
Correction and Deletion of Information.
You can obtain a copy of your Personally Identifiable Information from TiXiT customer support. For your protection, you will be required to provide proof of your identity to obtain a copy of your Personally Identifiable Information. You may correct any errors in your Personally Identifiable Information by providing TiXiT with the correct information. In addition, TiXiT will delete all of your Personally Identifiable Information (except for your transaction history) from our records upon your request. If you choose to delete your Personally Identifiable Information, you may not be able to access some areas of the Site or other Service.
WHAT ELSE SHOULD I KNOW ABOUT PRIVACY?
We maintain security measures in place in order to attempt to protect against the loss, misuse and alteration of the Personally Identifiable Information under our control. Please be advised, however, that the Internet and other various networking communication media are not entirely secure, and your information may therefore be subject to interception or loss which is beyond our control. Accordingly, TiXiT assumes no responsibility or liability for disclosure of your information (personally identifiable or otherwise) due to errors in transmission, unauthorized third-party access or other causes beyond TiXiT's reasonable control.
Disclosure of Information in Public Areas.
If you voluntarily disclose Personally Identifiable Information in a public area of the Site or other Service, such as a rating/review page, chat room or message board, that information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. TiXiT does not control the actions of users in public areas of the Site or other Service. If you disclose Personally Identifiable Information in a public area, you do so at your own risk.