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Terms of Service

1. Acknowledgement And Acceptance Of Terms Of Service:

The services offered at www.TixForKids.org ("TixForKids"), are provided to you under the terms and conditions of this TixForKids Terms of Service ("TOS"), and any operating rules or policies that may be published by TixForKids at the URL: www.TixForKids.org (the "Service"). The TOS comprises the entire agreement between you and TixForKids and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE SETUP PROCESS, OR USING TixForKids, USER AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS HEREIN. You may continue to use TixForKids as long as you adhere to these Terms of Service.

2. Services Void Where Prohibited:

Use of the Services is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all the Terms and Conditions of this Agreement.

3. Setup And Response Page:

A. Setup

You are required to register with TixForKids if you want to send a TixForKids invitation for an event (see Private Event below), publish an event on TixForKids and view and edit your profile. In order to register with TixForKids you must supply a valid email address, which will be used as a unique identifier for your account, and a password. 
 

 

4. Description of Service

TixForKids provides Users with a variety of online services, including but not limited to:

A.     Events. An event is a gathering or get-together hosted and attended by a group of people. If you want to send an TixForKids invitation to a private event, you must be registered with TixForKids (see SETUP above). In addition, if you have a Response Page (see above) your Response Page information will be viewable to all those who respond to your event. 
 

B.     Other Features. You may also various other tasks through the service. In order to use any feature of the Service not described above, you may be required to create a Response Page (see above).

5. Event Disclaimers And Limitation Of Liability:

YOUR PARTICIPATION IN ANY EVENT IS AT YOUR SOLE AND EXCLUSIVE RISK. THE HOST OF ANY EVENT MAY REFUSE ADMITTANCE, MAY CHARGE AN ADMISSION FEE, OR ASK YOU TO LEAVE AN EVENT AT ANY TIME FOR ANY REASON. BY USING TixForKids YOU AGREE AND UNDERSTAND THAT IN CONNECTION WITH YOUR PARTICIPATION IN ANY EVENT OR ACTIVITY, YOU MAY BE EXPOSED TO A VARIETY OF HAZARDS AND RISKS, FORESEEN OR UNFORESEEN, WHICH MAY OR MAY NOT BE INHERENT IN THOSE ACTIVITIES AND EVENTS. THESE INHERENT RISKS INCLUDE, BUT ARE NOT LIMITED TO, THE DANGERS OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, AND DEATH (INJURIES AND DAMAGES) FROM EXPOSURE TO THE HAZARDS OF PUBLIC OR PRIVATE OUTINGS AND ACTIVITIES. TixForKids HAS NOT TRIED TO CONTRADICT OR MINIMIZE YOUR UNDERSTANDING OF THESE RISKS. BY USING TixForKids, YOU AGREE AND UNDERSTAND THAT INJURIES AND DAMAGES CAN OCCUR BY NATURAL CAUSES OR BY THE ACTS OF OTHER PERSONS OR THIRD PARITIES, EITHER AS A RESULT OF NEGLIGENCE OR BECAUSE OF OTHER REASONS. YOU ARE PERSONALLY RESPONSIBLE FOR ALL COSTS AND/OR RISKS ASSOCIATED WITH ANY PUBLIC OR PRIVATE EVENT OR ACTIVITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVEAND DISCHARGE ALL CLAIMS, RELEASE EVENTIQ FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS EVENTIQ, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM INJURIES AND DAMAGES IN ANY WAY CONNECTED WITH ANY EVENTS OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING USER AT THE EVENTS.

6. Content:

Your are solely responsible for any data, text, software, music sound, photographs, graphics, video, messages, files or other materials ("Content") which is transmitted, posted, or distributed by you through the Service, including but not limited to the contents of your e-mail communications, information, reviews, photos or images posted by you or posted to your Response Page and information, photos, images, sound files or other Content posted by you in an Event. All Content posted by you, is your sole responsibility. TixForKids does not control the Content posted by users such as yourself via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. By using the TixForKids Service you understand and agree that you may be exposed to Content posted by other users that may be offensive, indecent or objectionable. Under no circumstances will TixForKids be liable in any way for any Content posted by any user or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service. Subject to the terms of TixForKids's Privacy Policy, you agree if you post any Content on the TixForKids Service, you grant to TixForKids, and its successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Service and to third parties with whom TixForKids has a relationship. You also grant TixForKids the right to authorize the downloading and printing in whole or in part of any Content that you post to the TixForKids Service.

7. Copyright Policy/Infringing Material:

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information owned or controlled by someone else without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the TixForKids Service without your permission or in any way that constitutes copyright infringement, please provide TixForKids with the following information: a description of the copyrighted work that you claim has been infringed; a description of where the material you claim is infringing is located on the TixForKids Service; your address, telephone number, and email address; and a written statement by you stating that you have a good faith belief that the disputed use is not authorized by you, your agent, or the law; and a statement by you, made under penalty of perjury, that you own the claimed infringing material together with any evidence of such ownership. Please contact TixForKids at the following address: info@kidsupfront.com.

8. Notices:

TixForKids may give notice to you by e-mail, a posting on the TixForKids web site, or other reasonable means. You must give notice to TixForKids in writing via e-mail or as otherwise expressly provided by TixForKids. TixForKids may broadcast, distribute or display notices or messages through the TixForKids Service to inform you of changes to the TOS, the Service, the Privacy Policy or other matters of importance. Such broadcast, distributions or displays of information shall constitute notice to you.

9. Privacy Policy:

It is TixForKids's policy to respect the privacy of its users. TixForKids's policies with regard to personally identifiable information it collects from you, what information third parties affiliated with TixForKids collect from you and how that information is used is governed by the TixForKids Privacy Policy, which you can access here: Privacy Policy (link to privacy policy page)

10. Security:

You are solely responsible for maintaining the confidentiality of your password and account. You are also solely responsible for any and all activities that occur under your account. You may change your password, or any other account information, at any time by following instructions available on your Response Page. You may also set up a new account at your convenience. You agree to notify TixForKids immediately of any unauthorized use of your account or any other breach of security known to you. You must promptly inform TixForKids of actual or apparent breaches of security, such as loss, theft, or authorized disclosure or use of a User Account or password. Until TixForKids is notified by email of a breach in security, you will remain liable for any unauthorized use of the TixForKids Service through your account. In consideration for using the TixForKids Service, you agree to: (1) provide certain current, complete, and accurate information about you when prompted to do so by the Service, and (2) maintain and update this information as required to keep it current, complete and accurate. If any information provided by you during your original registration or Response Page response is inaccurate, TixForKids reserves the right to terminate your account immediately and your right to use the TixForKids Service.

11. No Resale Or Commercial Use, Abuse Of The Service:

Your right to use the TixForKids Service is personal to you. You agree not to resell or make any commercial use of the TixForKids Service without the express consent of TixForKids. You may not create bots or other computer generated automatic tools to create events, nor abuse the TixForKids Service in any manner. Use that constitutes abuse shall be determined by TixForKids in its sole discretion. TixForKids reserves the right to terminate your account if TixForKids determines you have not complied with this TOS.

12. User Conduct:

TixForKids reserves the right, but does not assume the responsibility, to monitor or review your conduct on the TixForKids Service. Your use of the TixForKids Service is subject to all applicable local, state, national and international laws and regulations.

In using the TixForKids Service you agree not to:

  • Use the TixForKids Service for illegal purposes;
  • Interfere or disrupt networks connected to the TixForKids Service or violate the regulations, policies or procedures of such networks;
  • Use the TixForKids Service in connection with chain letters, junk mail, surveys, contests, pyramid schemes, or use any distribution lists including any person who has not given specific permission to be included in such a process (commercial or otherwise);
  • Harvest or otherwise collect information about other users, including e-mail addresses, without their consent;
  • Transmit through the TixForKids Service any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit, or otherwise objectionable material of any kind or nature;
  • Invade another's privacy or violate rights of publicity or intellectual property rights (including but not limited to copyright, trademark and patent rights) while using the TixForKids Service;
  • Transmit through the TixForKids Service any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
  • Interfere with another User's use and enjoyment of the TixForKids Service;
  • Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy and publicity) of any other user;
  • Create a false identity for the purpose of misleading others as to your identity or the origin of a message;
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a user of the TixForKids Service any directory of TixForKids's users or usage information or any portion thereof other than in the context of your use of the Service as permitted under this TOS;
  • Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
  • Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or
  • Engage in any other conduct which, in TixForKids's sole discretion, is considered inappropriate, unauthorized or objectionable.

13. Indemnification:

You agree to indemnify and hold TixForKids, its parent, subsidiary, affiliate, officers, employees, agents, directors, successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TixForKids Service, the violation of this TOS by you, the infringement by you (or other user of the Service using your account) of any intellectual property or other right of any person or entity or violation of any federal, state or local law or regulation.

14. Termination:

You may terminate your participation in the TixForKids Service with or without cause at any time and effective immediately. TixForKids may terminate the TixForKids Service or your use of the Service with or without cause at any time and effective immediately, at TixForKids's sole discretion, including but not limited to immediate termination of your use of the TixForKids Service should your conduct fail to conform to the terms and conditions of this TOS. TixForKids shall not be liable to you or any third party for termination of the TixForKids Service or termination of your use of the TixForKids Service. Should you object to any terms and conditions of the TOS or any subsequent modifications TixForKids makes to the TOS or become dissatisfied with the TixForKids Service in any way, your only recourse is to immediately: (1) discontinue use of the TixForKids Service; and (2) notify TixForKids of your termination and, at your discretion, notify TixForKids of the reasons for your termination. Upon termination of your use of the TixForKids Service, your right to use the TixForKids Service shall cease immediately. You shall have no right and TixForKids will have no obligation thereafter to forward any unread or unsent messages to your or any third party on your behalf. Sections 2, 5, 6, 7, 10, 11, 14, 15, 16, 19, 20 and 21 shall survive termination of the TOS.

15. Transactions With Organizations Or Individuals:

TixForKids shall not be liable for your interactions with any organizations and/or individuals found on or through the TixForKids Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations and/or individuals. TixForKids is under no obligation to become involved in disputes between participants on the TixForKids Service, or between participants on the TixForKids Service and any third party.

16. Links To Third Party Sites:

Any web sites that are accessible via links included within the TixForKids Service that take you out of the TixForKids Service are not under TixForKids's control and TixForKids shall not be responsible for the content, products or services of any linked website. All such websites shall be subject to the policies and procedures of the owner of such websites. We encourage you to read those policies and know your rights under any web site you visit.

17. Violation Of Terms By Other Users:

TixForKids asks that you participate in ensuring that all Users follow the terms of this TOS by reporting any Private TixForKids invitations, Public Events or other postings or messages that violate these terms. To report a violation of this TOS, please email us.

18. Disclaimer Of Warranties:

YOU EXPRESSLY AGREE THAT YOUR USE OF THE TixForKids SERVICE IS AT YOUR SOLE RISK. THE TixForKids SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TixForKids EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TixForKids MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT ITS SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. TixForKids MAKE NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT TixForKids DOES NOT CONTROL CONTENT, INFORMATION, PRODUCTS OR SERVICES OFFERED BY ADVERTISERS, THIRD PARTIES OR OTHER USERS ON OR THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO INFORMATION, PRODUCTS, OR SERVICES PROVIDED BY LICENSE TO TixForKids FROM THIRD PARTIES OR CONTENT PROVIDED BY OTHER USERS. TixForKids ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, USEFULNESS OR DECENCY OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS AND USERS) THROUGH THE TixForKids SERVICE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ATTEMPT TO DOWNLOAD ANY MATERIAL FROM THE TixForKids SERVICE. TixForKids MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ITS SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH ITS SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TixForKids OR THROUGH THE TixForKids SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

19. Limitation Of Liability:

TixForKids SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF TixForKids HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE (I) USE OR THE INABILITY TO USE THE SERVICE; (II) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (III) ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR CONTENT RECEIVED OR TRANSACTIONS ENTERED INTO WITH TixForKids OR A THIRD PARTY THROUGH THE USE OF THE TixForKids SERVICE; (IV) OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ALTERATION OF YOUR ACCOUNT OR DATA. YOU SPECIFICALLY AGREE THAT TixForKids IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT OR SPEECH OF ANY OTHER PARTY ON OR THROUGH THE TixForKids SERVICE, OR FOR ANY INFRINGEMENT OR VIOLATION OF YOUR RIGHTS BY ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS, RIGHTS OF PUBLICITY, OR RIGHTS OF PRIVACY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.

20. General Provisions:

This TOS shall be governed by and construed in accordance with the laws of the province of Alberta , excluding its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts of the province of Alberta , provided, however, that TixForKids, in its sole discretion, may elect to settle any litigation in any way arising out of or relating to this TOS through binding arbitration in accordance with the commercial arbitration rules of the Canadian Arbitration Association. Any such arbitration shall be conducted in Edmonton, Alberta , and judgment on the arbitration award may be entered into in any court having jurisdiction thereof. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. TixForKids’s failure to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TixForKids in writing. User and TixForKids agree that any lawsuit arising out of or related to this Service must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. The section titles in this TOS are solely used for the convenience of the parties and have no legal or contractual significance.

21. Modifications To The Service And To Terms Of Service:

TixForKids reserves the right to modify or discontinue the TixForKids Service with or without notice to you. TixForKids shall not be liable to you if TixForKids modifies or discontinues its Service. TixForKids may change the terms and conditions of the TOS at any time in its sole discretion. In the event of any material or substantial change in the terms and conditions of this TOS, TixForKids may notify you via e-mail, and/or by posting an announcement of the changes together with a link to the new TOS on the TixForKids Service. By using the TixForKids Service after any change in the TOS you acknowledge and accept changes to the TOS.

 

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