FighterTix

Terms of Use

Welcome to Fighter Tix.com ("FighterTix"). FighterTix.com is a website that provides information and services to martial arts fighters, managers, promoters and fans regarding martial arts competitors, events, and opportunities. Competitors can promote their careers, managers can recruit clients, promoters can promote events and fans can learn about particular fights and events. Unless explicitly stated otherwise, any current, updated and new products and services offered on this site ("Products and Services"), including the addition of new products are subject to these General Terms and Conditions of Use ("Terms and Conditions"). FighterTix reserves the right to amend these Terms and Conditions at any time.

By using FighterTix you agree to be bound by these Terms and Conditions, whether or not you register as a listener ("Listener"). Because the Terms and Conditions contain legal obligations, please read them carefully.


1. ACCEPTANCE

By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to FighterTix or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.


2. CONDITIONS AND RESTRICTIONS ON USE

Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that FighterTix may terminate your access to the FighterTix or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by FighterTix . Any such termination shall be in FighterTix's sole discretion and may occur without prior notice, or any notice. FighterTix further reserves the right to terminate any visitor's access to FighterTix or to any of the Products and Services for any conduct that FighterTix , in its sole discretion, believes is or may be directly or indirectly harmful to other visitors, to FighterTix or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. FighterTix further reserves the right to terminate any visitor's access to FighterTix or to any of the Products and Services for any reason or for no reason. If FighterTix learns that anyone under the age of 13 has accessed the Products and Services, FighterTix will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of FighterTix, however, may not be available to children under 13 under any circumstances.

FighterTix does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.


3. REGISTRATION AND PRIVACY

Certain of the Products and Services will require the visitor to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various FighterTix registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or FighterTix has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, FighterTix has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services.


4. RESPONSIBILITY FOR MINORS

In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor. YOU ACKNOWLEDGE THAT SOME AREAS OF FighterTix MAY CONTAIN MATERIAL THAT IS INAPPROPRIATE FOR MINORS.


5. VISITOR CONDUCT

You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that by using the Products and Services, you may be exposed to Content that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use FighterTix at your sole risk. As a general matter, FighterTix does not pre-screen visitor or third party Content posted on FighterTix, although FighterTix reserves the right to do so. FighterTix reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by FighterTix.

The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.

You agree that you will not use FighterTix's Products and Services to:

  1. Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
  2. Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity.
  3. Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
  4. Harm minors in any other way.
  5. Make any sexual request on behalf of a minor or make any sexual request of a minor.
  6. "Stalk" or otherwise harass another.
  7. Collect or store personally identifying information about other visitors for commercial or unlawful purposes.
  8. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  9. Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication.
  10. Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships.
  11. Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
  12. Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
  13. Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  14. Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or FighterTix.
  15. Use automated means to enhance play in FighterTix promotions or increase traffic to the FighterTix site of any particular competitor, manager or promoter.
  16. Use automated means to download data from any FighterTix Network database.
  17. Conduct your own contests and promotions.
  18. Upload, post, email, otherwise transmit, or post links to any Content regarding any raffle, contest or game requiring a fee by participants.
  19. Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any FighterTix database.
  20. Sell, distribute, or make any commercial use of data obtained from any FighterTix database or make any other use of data from any FighterTix database in a manner which could be expected to offend the person for whom the data is relevant.
  21. Create and maintain a FighterTix site that (i) redirects to another web page or (ii) stores or hosts content for remote loading by other web pages. For example, you cannot create a FighterTix site, post pictures to the FighterTix site, and have other web pages call the FighterTix site to retrieve those pictures.
  22. Create and maintain a FighterTix site that contains hyperlinks to content not permitted on FighterTix.
  23. Disrupt the normal flow of dialogue in a chat room, cause a screen to "scroll" faster than other users of the Products and Services are able to type, or otherwise act in a manner that negatively affects other visitors' ability to engage in real time exchanges.
  24. Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
  25. Intentionally or unintentionally violate any applicable local, state, national or international law.
  26. Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
  27. Disobey any FighterTix employee or representative or interfere with any action by any FighterTix employee or representative to redress any violation of these Terms and Conditions.
  28. Fail to complete any transaction after submitting an order to purchase any goods or services offered on FighterTix.
  29. Submit any order to purchase Products or Services on FighterTix where you do not intend to complete the transaction.
  30. Purchase any Products or Services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction.
  31. Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of FighterTix or the party from whom such software may be licensed.
  32. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
  33. Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to FighterTix community or the spirit of these Terms and Conditions.
  34. Advertise, offer for sale, or sell any of the following items:
  1. Any firearms, explosives, or weapons.
  2. Any food that is not packaged or does not comply with all laws governing the sale of food to consumers by commercial merchants.
  3. Any alcoholic beverages.
  4. Any tobacco products for human consumption.
  5. Any items that are indecent or obscene, that are hateful or racially, sexually, ethnically or otherwise objectionable, that contain child pornography, that are otherwise pornographic in nature, or are harmful to minors.
  6. Any controlled substances or pharmaceuticals.
  7. Any counterfeit or stolen items.
  8. Any dangerous items.
  9. Any goods or services that do not, in fact, exist.
  10. Any registered or unregistered securities.
  11. Any items that violate or infringe the rights of other parties.
  12. Any items that you do not have the legal right to sell.
  13. Any items where paying FighterTix any of the required transactional or listing fees would cause FighterTix to violate any law.

You acknowledge and agree that FighterTix and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation FighterTix and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by FighterTix , in its sole discretion. FighterTix may also terminate access to, or membership in, FighterTix, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content.

You expressly acknowledge and agree that FighterTix may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of FighterTix , its visitors and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by FighterTix with regard to its visitors may be disclosed in accordance with FighterTix's Privacy Policy.

FighterTix also may suspend or terminate any user account for any Product or Service because of inactivity. What is considered "user inactivity" varies depending on the Product or Service. If one of your accounts is suspended or terminated for inactivity, your right to use such Product or Service immediately ceases.


6. LIMITED LICENSE TO CONTENT

FighterTix claims no ownership interest in any of the Content posted by you on FighterTix, and the copyright to all such Content shall remain with its original owner.

By posting Content on FighterTix, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on FighterTix.

In order to make it possible for FighterTix to provide the Products and Services, you hereby grant FighterTix a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform and distribute any Content posted by you on or through FighterTix, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other FighterTix website through links to FighterTix, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from FighterTix.


7. THIRD PARTY MERCHANDISE SALES

FighterTix may contain links to third party websites where visitors can purchase goods or services from third party merchants ("Merchants"). By submitting an order to purchase any goods or services from Merchants, visitors are obligated to complete such transactions, subject to the individual Merchant's terms and conditions governing such transactions. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that FighterTix is not a party to the transaction.

Visitors are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Visitors are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.

Visitors may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the Visitor's alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.


8. PROFILES

Visitors are invited to post content to their profile ("Profile") subject to the following limitations: (a) FighterTix may limit the amount of bandwidth dedicated to any account; and (b) FighterTix reserves the right to display advertising on Profile pages. Please consult the FighterTix Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. FighterTix reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 13 years old.

By registering on FighterTix, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 13 years of age or older and that your use of the FighterTix will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Visitors.

FighterTix reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the FighterTix Network, including FighterTix, at any time, for any or no reason, with or without prior notice, and without liability.


9. DISCLAIMER OF WARRANTIES

PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY 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, FighterTix DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, FighterTix DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. FighterTix SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.

MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.


10. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FighterTix BE LIABLE TO ANY VISITOR ON ACCOUNT OF THAT VISITOR'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, IDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF FighterTix HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

THIRD PARTY GOODS/SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES URRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, FighterTix. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

BACK-UPS. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES OR OTHER CONTENT STORED THROUGHOUT FighterTix.

ACTS OF GOD. UNDER NO CIRCUMSTANCES SHALL FighterTix OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.


11. DISCLAIMER REGARDING THIRD PARTY CONTENT

FighterTix offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, FighterTix has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on FighterTix or provided to FighterTix by third parties, FighterTix may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through FighterTix from such sources is developed by people over whom FighterTix exercises no control. Similarly, content hosted by FighterTix which is posted by third parties, and, with the exception of certain random screening functions, FighterTix cannot and does not screen such web pages before they are made accessible to other visitors of FighterTix. Accordingly, neither FighterTix nor its licensors assume any responsibility for the content of any site linked to the FighterTix web site or in any web page hosted for a third party within FighterTix web site. In instances where FighterTix does review the sites that are displayed in directories, indices, and/or references, or where FighterTix makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by FighterTix, if any, is narrowly limited to that which is necessary for compiling the particular set of links.


12. ADVERTISERS AND CONTENT LINKED TO THE FighterTix NETWORK

FighterTix may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a visitor to leave FighterTix to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. FighterTix have no control over such sites and resources. You acknowledge and agree that FighterTix is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FighterTix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FighterTix Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FighterTix and the FighterTix Companies shall not be responsible or liable for any loss or damage of any sort urred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.


13. NO LICENSE; INTELLECTUAL PROPERTY OF FighterTix AND OTHERS

Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license under any of FighterTix's or any third party's intellectual property rights, whether by estoppels, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate FighterTix and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of FighterTix and its affiliates, licensors (including, without limitation, competitors), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by FighterTix in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by FighterTix, any of FighterTix's affiliates, or any of FighterTix's service providers. You agree not to use any of the trademarks or service marks or other Content accessible through FighterTix for any purpose other than the purpose for which such Content is made available to visitors by FighterTix. You agree not to defame or disparage FighterTix, the trademarks or service marks of FighterTix, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or FighterTix.


14. LINKING TO FighterTix; USE OF LOGO

FighterTix offers a non-assignable, non-transferable, and non-exclusive license to link to the FighterTix web site, using FighterTix logos, subject to the following provisions. FighterTix logos may be placed on a Web site for the sole purpose of creating a link to FighterTix and allowing visitors to your site to access the Products and Services on FighterTix. FighterTix logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by FighterTix. FighterTix logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. FighterTix logos may not be altered in any manner. FighterTix logos may not be used to disparage FighterTix, its products or services, or in a manner which, in FighterTix's reasonable judgment, may diminish or otherwise damage FighterTix's good will in FighterTix logos. By using any such FighterTix Network logo, you acknowledge that FighterTix has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of FighterTix. If you use FighterTix logos, you must include a statement that any such logo is owned by FighterTix. FighterTix reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. FighterTix reserves the right to take action against any use that does not conform to these provisions.


15. INDEMNITY AND RELEASE

By using the FighterTix web site you agree to indemnify FighterTix and its officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the FighterTix web site, your use of the Products and Services, or your submission of ideas and/or related materials to FighterTix or from any person's use of any account or password you maintain with FighterTix, regardless of whether such use is authorized by you. By using FighterTix, using the Products and Services, or submitting any ideas and/or related materials to FighterTix , you are hereby agreeing to release FighterTix and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to FighterTix . YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES "AGENERAL 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 IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."


16. LIMITATION OF ACTIONS

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of FighterTix or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.


17. COPYRIGHT, TRADEMARK, AND PATENT NOTICES

All other marks that appear throughout the Products and Services belong to FighterTix, the competitors featured on FighterTix, or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of FighterTix or the owner of the mark, as appropriate, is strictly prohibited. FighterTix may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a visitor to leave FighterTix to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. FighterTix has no control over such sites and resources. You acknowledge and agree that FighterTix is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that FighterTix shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the FighterTix Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that FighterTix shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.


18. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS

If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify our designated agent in writing: Attn: DMCA Agent James K. Roosa, Esq., 3723 Pearl Rd., Ste 200, Cleveland, OH 44109. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g)(2).

Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request. Pursuant to 17 U.S.C. Section 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.


19. TEXT MESSAGE CHARGES

FighterTix will notify you via text message with your initial activation code to use the site. You acknowledge and agree that you are solely responsible for the cost of receiving this initial text message as well as any other text messages that you elect to receive from FighterTix.


20. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES

Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Illinois applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any visitor's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered into in any state or federal court in Illinois having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Illinois having jurisdiction thereof. Except as set forth above, the state and federal courts of [state shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any visitor's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, visitors consent to personal jurisdiction and venue in the state and federal courts in Illinois with respect to all such disputes.


21. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES

FighterTix reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. FighterTix reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.


22. MERGER

These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained herein and supersede any other agreements, proposals and communications, written or oral, between FighterTix's representations and you with respect to the subject matter hereof; except that any other terms and conditions located on any individual FighterTix web site or in connection with the Products and Services are incorporated herein by reference to the extent they do not conflict with these Terms and Conditions. To the extent that any other terms and conditions or terms of service conflict with these Terms and Conditions, those other provisions shall control with respect to the use of the particular web site and any Products or Services available on or through the web site or the respective Product or Service at which those other provisions may be found.


23. VIOLATIONS OF TERMS AND CONDITIONS

Should you violate these Terms and Conditions or any other rights of FighterTix and the FighterTix Companies, FighterTix and the FighterTix Companies reserve the right to pursue any and all legal and equitable remedies against you.

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