Terms and Conditions for Use of PACKED HOUSE EVENTS WebSite
IMPORTANT--READ CAREFULLY: These Terms and Conditions are a legal contract between You (“You”--either an individual or a single business entity) and Packed House LLC (“Packed House”), regarding use of the Packed House Events WebSite, software, associated media, printed materials, and online or electronic documentation (collectively, the "Service").
BY CLICKING THE “ACCEPTED” ICON BELOW, OR BY REGISTERING FOR MEMBERSHIP AND USE OF THE SERVICE, OR BY VISITING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, THE PROCESSES DETAILED IN THE FAQ’S AND TERMS OF SERVICE, AND INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, PRIVACY POLICY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT USE THIS SITE OR ITS SERVICE AND EXIT NOW.
These Terms and Conditions may change from time to time without notice. You are responsible for checking them from time to time for updates and for adhering to those updated terms.
Use of the Packed House Events Web Site
The Site may be viewed by visitors and used by participants for the Service of promoting and selling tickets for events as described within the pages of the Site. Any other access to or use of this Site or its contents is unauthorized. The permission granted under these Terms and Conditions is void where prohibited. User represents and warrants that User is 14 years of age or older and that its use of the Site will not violate any applicable law. Packed House reserves the sole right to either modify or discontinue the Site and its Services, at any time.
Violation of these terms and conditions will result in exclusion from the Site and engender damages where third party rights are involved. Anyone that discovers content on the Site in violation of the Site Terms or Policies may flag the content and provide a reason to the Site administrator. Packed House may terminate any free account in its sole discretion. For paid accounts, grounds for removal of content and banning from the Site include but are not limited to:
Ø Profanity, vulgarity, hate speech, threats of violence, posting of private information or comments of a third party or Member;
Ø Posting of infringing material;
Ø Spamming
Ø Illegal activity
Ø Pornographic material
Ø Interference with Site operations
Ø Transmission of a virus, computer code or files to disrupt functioning of any aspect of the Site or the Service.
User Information: Any information submitted on the Site may be potentially publicly accessible. You are solely responsible for protection of Your Important and private. Packed House is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network provider that You may use. Please see our Privacy Policy for further detail.
Our network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the Site should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or posting.
Packed House maintains and control ownership of all IP numbers and addresses that may be assigned to You. Packed House reserves, in its sole discretion, the right to change or remove any and all IP numbers and addresses.
By registering, You certify that the information You provide on the registration form is accurate and pertains only to You. You are responsible for maintaining the confidentiality of the password You are assigned. Your password should not be shared with any other person. You also certify that You own the intellectual property rights associated with any items uploaded by You onto the Site and agree to abide by the Intellectual Property Rights Terms of this Site.
Packed House reserves the right to deactivate or suspend use of Services for any reason.
Use Limitations: No user of the Site may (1) take any action that imposes an unreasonable load on the Site's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the Site.
Information and materials posted by Packed House are not warranted to be free of errors, other deficiencies or potential interruptions. In addition, the Site may be used by others to post other information and materials, including changes or additions; Packed House gives no assurance whatsoever regarding such information or materials. Information and materials posted by others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by Packed House or represent the views of Packed House. Packed House does not monitor all submissions to the Site, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of Packed House.
If You submit any information to our Site, You agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright, trademark or other intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, or (5) contact other Site users through unsolicited e-mail, telephone calls, mailings or any other method of communication.
When retrieving information from our Site, You are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for an ordinary single use of the Site, or (3) accessing data not intended for such user.
Should You decide to submit, enter or transmit through use of the Service information or materials of any kind, You are responsible for ensuring that You may do so and that such information and materials may be accessed, used, copied, distributed and adapted by Packed House without liability or restriction. You are responsible for making sure all information and materials that You originate or require are properly backed up so You have ready access thereto in the event of loss, corruption or interruption.
As explained further below in the Intellectual Property Rights Section, You are authorized to access, use and copy information and materials available through the Service only for personal use and not for resale or duplication except through the Service. Except as authorized in use of the Services, the information and materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Violation of this policy may result in infringement of intellectual property and contractual rights and could result in substantial civil and criminal penalties. Packed House Events and design, and other identified marks are trademarks of Packed House and may not be used without our written permission.
Use of Site and Storage of Material
You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We provide storage space and access for material through our site. For purposes of these Terms of Use, “material“ refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described above. We will not routinely monitor the contents of your online event data. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
LIMITATION OF LIABILITY. ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS“ AND “AS AVAILABLE“ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US, OUR CUSTOMERS OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the site, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any events offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the buyer and seller of such merchandize and services, subject to the processing and service fees described in the FAQ. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR BY ANY OTHER OF OUR AFFILIATES.
Packed House is not responsible in any manner for the content that might be found by linking from the Site to a third party website. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THRID PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
Upon our request, you agree to defend, indemnify, and hold Packed House and its Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
INTELLECTUAL PROPERTY RIGHTS
Users of the Packed House Events Site must agree to respect all intellectual property rights contained in the Site. This includes any text, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. When You register for use of the Site or “accept” the Terms and Conditions to visit the Site, You agree to comply with these rights. Breach of these conditions to use will result in termination of membership privileges and may bring third party liability. Neither Packed House nor its Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Use of Your Materials“ below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Copyrights: protect works of art, photos, music, videos, writings and software, among other works from copying or distribution of any kind without permission of the owner. No registration is needed for copyright protection to apply. To respect copyright law, Packed House requires Members uploading material to verify that it is their own original content. By taking advantage of the upload feature, Members agree to allow Packed House to host copies of the material on its servers and have the content appear on the Site. Visitors and Members may not copy verbiage or images or sounds or content of any kind from the Site except as permitted by the content owner or Packed House. Use of any content outside of the context of the Services provided on the Site requires a license from Packed House. To notify Packed House of a violation, please send the specific information regarding the copyrighted work, registration, and the infraction to webmaster@packedhouseevents.com.
If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed'
2. Identification of the copyrighted work claimed to have been infringed;
3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat copyright infringers or about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
COUNSEL
1454 PRUDENTIAL DR.
JACKSONVILLE, FL 32207
1-888-712-4546
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Trademarks: Trademarks and Service marks are used to promote goods and Services. Use of Packed House’s service marks requires a written license. Among Packed House or its Affiliate’s marks are PACKED HOUSE, PACKED HOUSE EVENTS, and all custom graphics, logos and icons. Members must agree to represent that they own the right to use any trademarks or service marks that they incorporate into content on the Site. To notify Packed House of trademark infringement on the Site, please use the link near the content to flag it or provide detailed information on the trademark ownership, registration information and the alleged infringement, to webmaster@packedhouseevents.com. Nothing in these Terms of Use grants any license to use of Packed House or its Affiliate’s marks.
Right of Publicity: The right of publicity protects a person’s name, signature or likeness from being used without permission. No items may be uploaded to the Site featuring celebrities or any other individual without proof of that individual’s permission. Please address detailed complaints to webmaster@packedhouseevents.com.
Trade Secrets/Proprietary Information: This is confidential and proprietary information of commercial value. The Site may not be used to post any such information from any third party.
This Privacy Policy describes how Packed House uses Your personal information. While You may browse the Packed House Events Site without revealing any personal information, varying personal information will be collected in connection with membership and use of Services on the Site.
Types of information You may provide and that Packed House must collect in connection with Services on the Site include contact information, transactional information, e-mail addresses; login data; IP address and standard Web log information. When You provide this information, You agree that it may be transferred and reside on our servers for use in connection with Your Service transactions.
In addition, Packed House automatically gathers general statistical information about visitors to the Site, such as IP addresses, browsers, pages viewed, number of visitors, transactions, etc., but in doing so Packed House does not reference You by individual name, e-mail address, home address, or telephone number. Packed House uses this data in the aggregate to determine how much our customers use various parts of our Site so Packed House can improve its Service offerings and Site content.
Packed House will not transfer Your information to third parties for marketing purposes without Your consent.
The Primary Purpose for which Packed House collects the information is to facilitate delivery of the Services and to support transactions on the Site.
Unless you opt not to receive them, Packed House may use Your information to deliver information to You that, in some cases, is targeted to Your interests, such as targeted banners, new Services and promotions. You also have the option to receive Services updates.
Packed House may use Your IP address to help diagnose problems with our server, to manage the Site and to enhance our Site based on the usage pattern data Packed House receives.
Disclosure other than for the purposes above is limited to enforcement of the User Agreement; cooperation with legal requirements; investigation and resolution of claims pertaining to intellectual property and other proprietary rights of others; and the safety of third parties. This may involve disclosure to government officials in response to a subpoena or court order or verified request relating to investigation of criminal activity.
Packed House only uses session cookies that do not track usage but allow the Site to recognize the user when navigating from one page to the next and to ensure that any information entered is remembered for that session. They are automatically deleted at the end of each session.
Security
Your account information and profile are password-protected. Packed House recommends that You do not divulge Your password to anyone. Our personnel will never ask You for Your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of Your account and close Your browser window when You have finished Your session. This is to help ensure that others cannot access Your personal information and correspondence if You share a computer with someone else or are using a computer in a public place where others may have access to it.
Packed House employs reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information. However, no data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while Packed House tries to protect Your personal information, Packed House cannot ensure or guarantee the security of any information You transmit to us, and You do so at Your own risk.
Children Under 14
Packed House has no way of distinguishing the age of individuals who access the Site, and so Packed House carries out the same Privacy Policy and content rules for individuals of all ages. If a child has provided us with personally-identifying information without parental or guardian consent, the parent or guardian should contact us to remove the information and Packed House will promptly cooperate.
Packed House is not responsible for age verification or the accuracy of information provided by the Site’s users.
Third Party Practices
The Privacy Policy of an advertiser or promotional service appearing at our Site may differ from ours. Packed House encourages You to read that policy before responding to any offer.
Packed House is hosted in the United States and is primarily directed to United States users. If You are accessing the Site from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through Your continued use of the Site, which is governed by United States law, this Privacy Notice, and our Terms of Use, You are transferring Your personal information to the United States and You consent to that transfer and application of United States law.
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page to stay aware of any changes. Your continued use of the Site constitutes Your agreement to this Privacy Notice and any future revisions.
Packed House will notify Members of revisions to this Privacy Notice that may be materially less restrictive of our use or disclosure of the Members’ personal information. Continued use of the Site after this notice is received will constitute acceptance of the new terms.
In the event that Packed House is acquired by or merged with a third party entity, Packed House reserves the right, in any of these circumstances, to transfer or assign the information Packed House have collected from our Users as part of such merger, acquisition, sale, or other change of control.
Your Consent
By using the Site, You consent to the collection and use of this information in the manner described above.
Miscellaneous
In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms of Use to any thing party, and any purported attempt to do so shall be null and void. We may free assign our rights and obligations under these Terms of Use.
If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect thereto. These Terms of Use may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
These Terms shall be governed by and construed and enforced in accordance with the laws of the State of Florida, excluding its laws relating to its conflict of laws provisions. The sole venue and jurisdiction for disputes arising from this agreement shall be the appropriate State or Federal Court in Central Florida.
Effective Date: January 1, 2010