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1. Introduction This Website is the online service provided by PHMC GPE LLC., a Delaware company (sometimes referred to herein as the "Company", "we" or "our") with our principal place of business in Delaware, and on the World Wide Web of the Internet, with an address of http://futuresentertainment.net/index.php/campus. This Website consists of ticketing services, which may include facilitating the purchase or sale of tickets to live events, providing access to other ticket resources, and related content provided by the Company and by third parties. This Website is subject to the terms and restrictions contained herein and is for private personal use by consumers only. Any other use or attempt to use this Website, or any of the services provided through this Website for commercial purposes (including the purchase of tickets for the purpose of resale), directly or indirectly, by you or by a third party is strictly prohibited.
2. Changes in Terms and Conditions The Company reserves the right to change or discontinue any aspect or feature of this Website at any time. This includes but is not limited to, the right to change or discontinue any service provided by the Company, content displayed on this Website, hours of availability, and equipment needed for access or to use this Website, at any time. We also reserve the right to change or modify the terms and conditions of this Agreement applicable to your use of this Website, or any service provided through this Website. We can impose new conditions, including, but not limited to, adding fees and charges for use at any time. Changes, modifications, additions or deletions to this Agreement will be effective immediately upon the posting of a corresponding revised Agreement on this Website. Accordingly, please review this Agreement periodically to familiarize yourself with the most current version. Unless expressly stated otherwise, any new features that augment or enhance the current services provided though this Website also will be subject to the provisions of this Agreement.
3. Permitted Use of This Website This Website is the private property of PHMC GPE LLC and your access to this Website is only with our permission. Any unauthorized access or use will be deemed, among other things, a trespass, and we reserve the right to pursue our legal rights for any unauthorized access or use of this Website, including seeking civil remedies and equitable relief to the fullest extent possible, as well as referral of matters to appropriate law enforcement agencies. If you are a consumer seeking information about a performance, sporting event, concert or other public facility, or if you are seeking to purchase tickets to any event or facility through this Website, then you are authorized to enter and use this Website, subject to the other terms and conditions of this Agreement.
4. Prohibited Use of this Website You are prohibited from doing any act that has the effect of undermining the integrity of our system, this Website, our services and the method by which we provide our services to users. As a material term of this Agreement, you expressly agree that you shall NOT do any of the following:
a. Deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from this Website;
b. Deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this Website for any other purpose, including but not limited to purchasing tickets;
c. Deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this Website, its hardware and connections, or prohibits, denies or delays access to this Website by others;
d. Purchase tickets to any event offered through this Website for the purposes of reselling those tickets. If we determine that you are purchasing an irregularly large number of tickets to an event or multiple events, we will presume that you are purchasing such tickets for resale purposes and at our sole election, we will cancel your transaction(s) and restrict your access to this Website;
e. Download or copy any content displayed on this Website for purposes other than preserving information for your personal use;
f. Establish any deep link or other connection to any specific page or pages of this Website other than the home page, without Company's prior written permission;
g. Deploy or facilitate the use or deployment of any automatic or manual device, process or means to circumvent, avoid or defeat any of our security measures or systems, including but not limited to the "CAPTCHA" system used as part of this Website's ticket purchasing process. The CAPTCHA system requires the typing of characters on your computer screen, and you expressly agree that the typing will only be done manually by you on the keyboard of the computer you are using to access this Website;
h. Access, reload or refresh this Website's transactional event or ticketing pages, or make any other request to this Website's transactional servers, more than once during any two second interval; or
i. Request more than 500 pages of this Website in any twenty-four hour period.
You expressly agree that you will use this Website only for lawful purposes. You will not post or transmit through this Website any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; (iv) creates or attempts to create any liability of the Company, (v) contains advertising or any solicitation with respect to products or services, unless we have approved such material in writing, in advance of its transmission; (vi) introduces any program, executable file or routine (such as a worm, Trojan horse, cancelbot, time bomb or virus) into our system for any purpose, irrespective of whether any such program or routine results in detrimental harm to our system or our data; or (vii) threatens the continuous services of our ISP's, suppliers and vendors. Any conduct by you that in our sole discretion restricts, inhibits, or interferes with any other consumer from using or enjoying this Website is expressly prohibited.
5. Transaction and Processing Fees There is no fee for accessing this Website and viewing our content and the content of third parties that we display. If you decide to purchase tickets or other merchandise, you agree to pay, in addition to the price for the ticket or merchandise, other fees and charges that we may impose, including without limitation, convenience fees, processing fees, method of delivery fees and other miscellaneous fees. The amount of each fee may vary, depending on the tickets or merchandise you purchase and the method you select to receive your tickets or merchandise. Fees and charges, including (but not limited to) charges for issuance, convenience, handling, processing, shipping, delivery, (including but not limited to, charges for Federal Express or other courier delivery), and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit. For example, we retain as profit, a percentage of what we charge you for FedEx delivery of your tickets or merchandise. Our profit may vary from transaction to transaction, depending upon such factors as (for example) the "zone" to which your tickets or merchandise are shipped, the delivery time you request (express, overnight, 2-day or 3-day) and the size and weight of your package. You are urged to review all pages displayed during your completion of a purchase. All fees and charges related to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction.
6. Links to Other Websites We may, from time to time, display icons, graphic or textual links to other websites, or display selected pages of other websites not affiliated with Billets.phmcgpe.com through framing or other means. Any content, product or service provided by other websites is subject to the control of such third parties and not Tickets.com, Inc. Your access to and use of any other website, and any transaction in which you engage on any other website, is subject to the applicable user agreements and privacy policies of that website. The Company reserves the exclusive right and sole discretion to add, decline or remove, without notice, any icon or link to another website.
7. Electronic Communications When you purchase tickets or merchandise from us, or when you become a registered user with us to facilitate future transactions, you are communicating with us electronically and by doing so, you consent to receive electronic communications from us regarding a purchase you are making or an event to which you have purchased tickets. Additionally, by consenting to accept electronic communications from us, you also agree that all agreements, disclosures and notices, including any updates to this Agreement, may be provided to you electronically and that an electronic communication from us satisfies any legal requirement that a communication be in writing. In addition, when you purchase tickets or merchandise from us, or when you become a registered user with us, you agree that you have established a business or personal relationship with the Company and you consent to receive email notices or advertisements from us in the future about events, products or services that may be of interest to you. If you are not interested in receiving email notices or advertisements from us, you should unsubscribe now.
8. Downloading Of Intellectual Property This Website contains proprietary material and information, including without limitation, the "look and feel" of this Website. All design, text, software, images, trade names, logos and other information presented on this Website is protected under United States and other copyright laws and is owned by the Company or is used under license from the owner of the respective intellectual property rights. In addition, the entire contents of this Website are copyrighted as a collective work/compilation. The Company owns copyrights in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. If you are a consumer, you may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the prior written permission of the Company (and the copyright owner if other than the Company). If you are given permission to copy, redistribute or publish copyrighted material, you may not delete author attribution, trademark legends or copyright notices. You expressly acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
9. Disclaimers, Limitation of Liability, Releases YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU WILL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD, IF ANY. NEITHER THE COMPANY, ITS PARENT COMPANY, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE DISCLAIMERS CONTAINED IN THIS AGREEMENT APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER THE COMPANY NOR ITS PARENT COMPANY IS LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND YOU ASSUME THE RISK OF INJURY FROM ANY OF THE FOREGOING. IN NO EVENT WILL THE COMPANY, ITS PARENT COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR MAINTAINING THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS OF INCIDENTAL AND CONSEQUENTIAL DAMAGES MAY NOT APPLY TO YOU, BUT WILL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS PARENT COMPANY, INFORMATION PROVIDERS, OR CONTENT PROVIDERS WILL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY USER, OR FOR ANY CLAIMS OR LOSSES ARISING FROM USING THIS WEBSITE. NONE OF THE FOREGOING PARTIES WILL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. ANY LIABILITY THAT THE COMPANY, ITS PARENT COMPANY, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAY HAVE TO YOU UNDER ANY CIRCUMSTANCES WILL BE LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT EXPENDED BY YOU WITH US DURING THE TRANSACTION GIVING RISE TO THE CLAIM; OR (B) $100. IF YOU ARE A RESIDENT OF A STATE THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEN THE FOREGOING PROVISION WILL NOT APPLY TO YOU. YOU EXPRESSLY ACKNOWLEDGE THAT YOU MAY HAVE OR MAY IN THE FUTURE HAVE CLAIMS AGAINST THE COMPANY WHICH YOU DO NOT NOW KNOW OR SUSPECT TO EXIST IN YOUR FAVOR WHEN YOU AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, AND WHICH IF KNOWN, MIGHT MATERIALLY AFFECT YOUR CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE DELAWARE CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".
10. Equipment You will be responsible for obtaining and maintaining all telephones, Internet connections, computer hardware, and other equipment needed for access to and use of this Website and for any and all charges related thereto.
11. Trademarks Billets.phmcgpe.com takes great care in the development and protection of its trademarks, service marks and logos and reserves all rights of ownership of its trademarks. Some of its trademarks and service marks include: PHMC GPE™, Billets.phmcgpe.com with Design®, Billets.phmcgpe.com , The Kiwi Sofa® , Futures Entertainment Ltd® , Nothing contained in this website should be construed as granting by implication, estoppels, or otherwise, a license or right to use any trademarks displayed on this Website without the prior written permission of Tickets.com, Inc., or their respective owners.
12. Our Content A portion of the content for this Website is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than our authorized spokespersons while acting in their official capacities.
13. Breach Without limiting any other remedies that we may have available at law or in equity, upon our confirmation that you have breached any provision of this Agreement or the agreements referenced in this Agreement, we may, without notice, cancel any pending transactions you may have with us and restrict or deny your access to our Website and services, including any services we provide through channels other than the Internet. You acknowledge and agree that monetary damages may not be a sufficient remedy to the Company for a breach of this Agreement and you consent to injunctive or other equitable relief for any alleged breach.
14. Binding Arbitration Any dispute relating to or arising from your purchase of any tickets or other merchandise through this Website; or arising under this Agreement, in which monetary damages are being sought, will be resolved by binding arbitration conducted in accordance with the Commercial Rules of the American Arbitration Association. To the extent practicable, hearings will be conducted via telephone or other electronic means intended to facilitate a forum in which a hearing may be had. Any in-person arbitration proceeding will take place in Newark, Delaware, USA. Upon conclusion of the arbitration, any court having jurisdiction over the matter may enter judgment on any award issued in the arbitration.
15. Legal Proceedings Any legal proceeding, which is commenced for the purposes of seeking injunctive or other equitable relief, will be adjudicated by a court of competent jurisdiction sitting in the State of Delaware, Newark and you and the Company expressly consent to the personal jurisdiction of the State and Federal courts sitting in Dover, Delaware.
16. Indemnification You agree to save defend, indemnify and hold the Company, its parent company, and their respective directors, officers, shareholders, employees, agents, and assigns harmless from and against all claims and expenses, including attorneys' fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by this Agreement.
17. Notices All notices regarding any matter pertaining to this Agreement, or the policies referenced herein, including any notice of claim, summons or subpoena will be given by first class mail or courier, postage or air bill prepaid, and sent to: PHMC GPE LLC, 2915 Ogletown Road, Newark DE 19713 Attention: Legal Department. Notice will be deemed effective 3 days after deposit with the United States Postal Service or courier. In addition, the Company may provide notice to you by either email or Certified Mail, postage prepaid and return receipt requested, sent to the physical or email address you provided to us during any transaction conducted with us. Notice will be deemed effective 24 hours after sending of an email (unless returned due to an invalid email address) or 3 days after mailing.
18. General This Agreement is to be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws provisions. This Agreement, as updated from time to time, constitutes the entire agreement between us, with respect to the terms and conditions of use of this Website and supersedes all previous written or oral agreements between us. If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The section headings in this Agreement are for reference purposes only and in no way limit or describe the scope of a particular section. Our failure to enforce any breach of this Agreement by you or others does not mean that we have waived our right to enforce the terms of this Agreement in the future for a similar breach.
19. Attention: California Users Section 1789.3 of the California Civil Code (the "Electronic Commerce Act of 1984" California Civil Code, Section 1789.1, et seq.) requires us to inform you that you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Sacramento, California 95834 or by telephone at (916) 445-1254, or (800) 952-5210, in order to resolve any complaint regarding a service provided to you through this Website or to receive further information regarding the use of such services.