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BidBox Terms of Use:
Welcome to BidBox.com, owned and operated by BidBox LLC ("We").
The following terms of use ("Terms") govern your use of the Site. Please read these Terms carefully.
By using the Site, you are indicating your agreement to be bound by these Terms as well as the provisions
of BidBox's Privacy Policy, which is hereby incorporated by
reference into these Terms. If you do not agree with or wish to be bound by these Terms, do not use the Site.
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1. Your Responsibilities
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the Site and for
paying all charges related thereto. In addition, you agree not to use the Site to: (a) violate any local, state, national, or
international law or regulation; (b) transmit any material that is abusive, harassing, defamatory, libelous, invasive of
another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
(d) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt,
destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or
harm another individual; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or
entity; or (g) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements,
procedures, policies, or regulations of networks connected to the Site. You may not use any "deep-link," "page-scrape," "robot,"
"spider" or other automatic device, program, algorithm or methodology, or any equivalent manual process, to access, acquire,
copy or monitor any portion of the Site, or in any way circumvent the navigational structure or presentation of the Site, to
obtain any materials, documents or information through any means not purposely made available through the Site.
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2. Copyrights; Restrictions on use
The content on the Site (the "Content"), including without limitation, text, photos, and graphics, is copyrighted by BidBox,
its affiliates, or its licensors under United States and international copyright laws, is subject to other intellectual property
and proprietary rights and laws, and is owned by BidBox, its affiliates, or its licensors. The Content may not be copied,
modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without the prior
written permission of BidBox and its applicable licensors, with the sole exception that you may download one copy of the
Content onto a single computer for your personal, noncommercial use. You must abide by all copyright notices, information, or
restrictions contained in or attached to any Content. You agree not to reproduce, duplicate, copy, sell, resell, or exploit
for any commercial purposes any portion of the Site, use of the Site, or access to the Site. The Site is provided for your
personal, noncommercial use only.
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3. Copyright Infringment
It is the policy of BidBox to respond expeditiously to claims of copyright infringement. BidBox will promptly process
and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act
and other applicable intellectual property laws, up to and including blocking or removing the offending content. BidBox will
terminate access for Site users who are repeat infringers.
Please direct any notices of claimed copyright infringement to:
BidBox_Help@bidbox.com
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4. Trademarks
"BidBox" as well as certain other of the names, logos, and materials displayed in the Site constitute trademarks, tradenames,
service marks or logos ("Marks") of BidBox LLC or other entities. You are not authorized to use any such Marks. Ownership of all
such Marks and the goodwill associated therewith remains with BidBox LLC or those other entities.
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5. Submissions
You agree that any information, feedback, questions, comments, or submissions you provide to BidBox regarding the Site or
any services we provide through the Site ("Submissions") will be deemed to be provided to BidBox on a non-confidential and
non-proprietary basis and will become and remain BidBox's property. BidBox shall have no obligation of any kind with
respect to any Submissions and shall be free to reproduce, use, disclose, or distribute any Submissions for any purpose
whatsoever, without limitation. You also agree that BidBox shall be free to use any ideas, concepts, or techniques embodied
in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products
or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in
any Submissions
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6. User Content
We allow Members (as defined below) to make contributions to the Site ("User Content") through chat rooms, bulletin board
services, member profiles, and other means. By submitting any User Content to the Site, you hereby grant us a perpetual,
worldwide, non-exclusive, royalty-free right and license to use, reproduce, display, perform, adapt, modify, distribute,
have distributed and promote such content in any form, in all media now known or hereinafter created, anywhere in the world,
and for any purpose. Furthermore, you thereby waive any so-called moral rights or other similar rights in your User Content.
You agree not to submit or post any User Content that: (i) infringes the rights of a third party, including, without limitation,
copyrights, trademarks, patents, trade secrets, rights of privacy and publicity, (ii) is libelous, defamatory or slanderous,
(iii) condones, promotes, contains or links to warez, cracks, hacks or similar utilities or programs, (iv) is pornographic or
sexually explicit, (v) does or may denigrate or offend any ethnic, racial, gender, religious or other protected group, through
use of language, images, stereotypical depiction or otherwise, (vi) is designed to or does harass, threaten, defame or abuse
others, (vii) exploits minors in a sexual or violent manner, (viii) promotes, condones or encourages illegal activity or (ix)
is generally offensive or in bad taste.
You agree that all of your User Content, whether publicly posted or privately transmitted, is your sole responsibility. User
Content does not necessarily reflect our views or opinions. We shall not be liable to you or any third party in any way for any
User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any
kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Site.
We generally do not pre-screen, pre-edit or otherwise control User Content and, as such, do not guarantee the accuracy,
integrity or quality of User Content. By using the Site, you agree to assume this risk. We reserve the right, but have no
obligation, to monitor interactions between you and other users of the Site or take any other action in good faith to restrict
access to or the availability of any material that we or another user may consider to be obscene, lewd, lascivious, filthy,
excessively violent, harassing or otherwise objectionable.
You agree to respect the rights of others and exercise good judgment. Without limitation, you agree not to: (i) engage in
unsolicited or unauthorized advertising or any other form of solicitation, including, without limitation, "pyramid schemes"
or the distribution of promotional materials, "junk mail," "spam," or "chain letters," (ii) impersonate any person or entity or
misrepresent your affiliation with a person or entity, (iii) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any User Content transmitted through the Site, (iv) make available, introduce into or direct to the
Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications equipment, (v) interfere with or disrupt
the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site, (vi) violate any applicable local, state, national or international law, rules or regulations,
including, without limitation, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national
or other securities exchange, (vii) "stalk" or otherwise harass another person, (viii) "deep link" to any portion of the Site,
(ix) collect or store personal data about other users, (x) use any robot, spider, other automatic device, or manual process to
monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior express
written permission, (xi) take any action that imposes an unreasonable or disproportionately large load on our infrastructure,
(xii) display any of the Site in a frame (or any of our content via in-line links), (xiii) engage in any activity that
interferes with any third party's ability to use or enjoy the Site, (xiv) assist any third party in engaging in any activity
prohibited by these Terms, or (xv) solicit personal information from, harm or attempt to harm minors, in any way.
You will be considered in violation if you (or others using your account) do any of the following: Post, transmit, promote,
or distribute content that is illegal. Thou shall not disrupt the flow of chat in chat rooms, or discussions threads with
vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to
read, etc. User may not impersonate another BidBox.com member (including celebrities), attempt to get a password, other
account information, or other private information from a BidBox.com member, dominate this website with their views,
or those who use it for harassment or with malice towards anyone, posts that overtake other users posts, Making repetitive
posts in the Message Forum or News Comments, Posting advertising on the website, and trying to solicit money for charity,
After being banned return under another username, You register and then delete your email address.
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7. Termination
You agree that BidBox may suspend your access to all or part of the Site, without notice, if (a) you violate these Terms,
(b) BidBox is unable to verify or authenticate any information that you provide, or (c) you engage in any conduct that
BidBox, in its sole discretion, believes is in violation of any applicable law or regulation or is otherwise harmful to the
interests of BidBox, any other Site user, or any third party. Further, you agree that BidBox shall not be liable to you
or any third party for any termination of your access to the Site. You may discontinue your participation in and access to the
Site at any time.
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8. Modification of Terms
BidBox may change these Terms from time to time. BidBox will post notice of such changes on the Site. If you object to
any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following notice of any such
changes shall indicate your acknowledgement and acceptance of these Terms as modified.
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9. Modification to Site
BidBox reserves the right to modify or discontinue the Site with or without notice to you. BidBox shall not be liable
to you or any third party should BidBox exercise its right to modify or discontinue the Site.
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10. Fees
BidBox reserves the right at any time to charge fees for access to new Site content or services or to portions of the
existing Site content or services or to the Site as a whole. In no event will you be charged for access to any Site content
or service, or to the Site as a whole, unless BidBox obtains your prior agreement to pay such charges. If you do not consent
to such charges, however, you may not have access to paid content or services.
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11. Monitoring of Content
BidBox does not monitor content transmitted using the Site. BidBox reserves the right, however, to delete, move, or
edit any content transmitted using the Site that BidBox believes, in its sole discretion, violates these Terms. You agree
that you are solely responsible for all content you transmit and receive using the Site.
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12. Links
BidBox's provision of a link to any other Web site or Internet resource is for your convenience only and does not signify
BidBox's endorsement of such other Web site or resource or its contents. IN NO EVENT WILL BidBox OR ITS OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONSULTANTS, OR LICENSORS HAVE ANY RESPONSIBILITY OR
LIABILITY FOR THE AVAILABILITY OR ACCURACY OF SUCH SITES OR RESOURCES OR THE CONTENT, ADVERTISING, OR PRODUCTS ON OR AVAILABLE
FROM SUCH SITES OR RESOURCES.
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13. Your IP Address
Like most e-commerce websites, each time you visit the Site, we automatically collect your IP address and the web page from
which you came. We use this information to administer and optimize the Site for you and to diagnose problems with our Site.
We use your IP address to help identify you and to gather broad demographic information about you.
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14. Cookies
Like most websites, the Site uses cookies to keep track of your purchases and other activity on the Site and enhance your
experience on the Site. We also use cookies to deliver content specific to your interests, to save your password, and if
you choose, to save other personal and financial information so you do not have to re-enter it each time you visit the Site.
Third parties advertisers on the Site may also place cookies on your browser. If you wish to disable these cookies, the "help"
portion of the toolbar on most browsers will tell you how. However, if you set your browser to disable cookies, you may not
be able to access certain areas on the Site.
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15. Personal Information
In some cases, we will collect information from you that can be used to personally identify you, such as your name, address,
phone number, email address, purchase history, and credit card number ("Personal Information").
We collect Personal Information when you sign up to receive newsletters, request information regarding an event we sponsor,
enter contests, open an account, purchase tickets or products, and otherwise as needed to fulfill your requests for information,
products, and services. When we collect this information, you will know it because you will need to submit this information to
us in order to open your account or receive the information, product, or service you requested. We use your Personal Information
for our internal purposes, such as maintaining the Site and fulfilling your requests for products, services, and information.
For example, we will contact you when necessary in connection with events for which you purchased tickets on the Site
(including event confirmations, changes and cancellations). We also use your Personal Information to send you information,
offers and other promotional materials from us and selected third parties. We carefully select the information we send to you
and attempt to send you offers that are of value to you, such as discounts, exclusive offers or special event information. We
provide you with the option of declining to receive offers from us by "opting-out" of receipt of this type of communication.
We share your Personal Information with our agents, representatives, contractors and service providers so they can provide us
with support services such as authorization of credit card transactions, order fulfillment and sweepstakes and promotional
fulfillment. We do not authorize these entities to use your information for any other purpose. If you purchase tickets on the
Site, we will share your Personal Information with the venues, promoters, artists and other third parties associated with the
concerts and events for which you purchase tickets ("Event Partners"). Due to our contractual obligations with Event Partners,
we cannot offer you the opportunity to opt-out of our sharing of your Personal Information with them. We may select certain
third parties with whom we will share your Personal Information so that they can communicate directly with you about their
products and services. We attempt to carefully select these third parties and the specific offers they intend to communicate
to you so that you will receive high quality, valuable and relevant offers. The Site provides
you with the option of declining to have your Personal Information shared with these selected third parties. We will also
provide your Personal Information to a third party if you purchase products or services offered by third parties on the Site
(such as magazine subscriptions). Your Personal Information may be shared with a third party in the event of a transfer of
ownership, assets or a bankruptcy of BidBox.com. We may also disclose your Personal Information as required or permitted
by law, to protect the interests or safety of BidBox.com or a third party, or to prevent an emergency. Any third party
with whom we share your Personal Information is authorized to use your Personal Information in accordance with our contractual
arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. Those
who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information
by them.
How We Use And When We Share Financial Information
We use your financial information to check your qualifications and bill you for and otherwise facilitate your purchase of
products and services.
When you make a purchase on the Site, we will provide your financial information to our service providers and to such third
parties as we determine is necessary to process your transactions. These third parties may include the credit card companies
and banking institutions used to process the transaction. Also, depending on the circumstances of our arrangements, we may
share your financial information with applicable Event Partners, primarily but not exclusively for facilitating "will call"
ticket pick up and dispute resolution and customer service at the event venue on the date of the event. By purchasing products
or services of third parties (such as magazine subscriptions) offered on the Site, we will provide your financial information
to those third parties. Any of these various third parties are authorized to use your financial information in accordance with
our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no
control.
Security Precautions
Whenever we obtain your Personal Information, we use commercially reasonable efforts to protect it from unauthorized access
or disclosure. While we will use such efforts, we cannot and will not act as insurers of the security of your Personal
Information transmitted over the Internet. Accordingly, we assume no liability for any disclosure of data due to errors in
transmission, unauthorized third party access or other acts of third parties, or acts or omissions beyond our reasonable
control. If you are a member of BidBox.com, you should note that when you complete your "Member Profile," this
information can be viewed by other members. Accordingly, you should not provide any information in your Member Profile that
you do not wish to share with third parties and you should have no privacy expectations with respect to the information
contained within it.
Warning About Online Disclosure of Information
You should be aware that if you voluntarily disclose information online in a publicly accessible area, such as in your member
profile, a message board or chat room, that information may be collected and used by others. We do not control the actions of
our users. If you disclose Personal Information in your member profile, message board, or any other publicly accessible place
on the Internet, you do so at your own risk and should understand that your submitted information may be collected and used by
others to send you unsolicited messages, advertisements, or for other purposes. Please remember that protection of your privacy
begins with you. You are solely responsible for maintaining the secrecy of any password you use to register, and you should
always be careful and responsible whenever disclosing information online.
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16. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
BidBox EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
BidBox MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE. BidBox MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE
ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFROM. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BidBox OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN.
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17. Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BidBox OR ITS OFFICERS, EMPLOYEES,
DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONSULTANTS, OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF THE SITE.
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18. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental
or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that
BidBox may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and
duration of such warranty and the extent of BidBox's liability shall be the minimum permitted under such applicable law.
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19. Indemnification
You agree to indemnify, defend, and hold harmless BidBox, its parents, subsidiaries, affiliates, officers, directors,
employees, shareholders, consultants, agents, and licensors from and against any and all claims, liabilities, damages, losses,
costs, expenses and fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from (a)
any information you submit, post, or transmit through the Site, (b) your violation of these Terms, or (c) your violation of
any rights of any other person or entity.
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20. Force Majeure
We will not be liable to you or any third party for failure or delay in performing our obligations hereunder if such failure or
delay is due to circumstances beyond our reasonable control, including, without limitation, acts of any governmental body, war,
insurrection, sabotage, terrorism, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS
propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used
in or equipment needed for provision of the Site.
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21. Miscellaneous
These Terms constitute the entire and exclusive and final statement of the agreement between you and BidBox with respect
to the subject matter hereof, superseding any prior agreements or negotiations between you and BidBox with respect to the
subject matter hereof. These Terms and the relationship between you and BidBox shall be governed by the laws of the State
of Maryland as applied to agreements made, entered into, and performed entirely in Maryland by Maryland residents,
notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Site
shall be brought in the Federal or State courts located in Montgomery County, Maryland, and you hereby irrevocably submit
to the exclusive personal jurisdiction of such courts for such purpose. The failure of BidBox to exercise or enforce any
right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms
is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give
effect to the intentions of BidBox and you as reflected in the provision, and that the other provisions of these Terms
remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Site or these Terms that you wish to file must be filed within one (1) year
after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only
and have no legal or contractual effect. The terms of Sections 1 through 20 these Terms, as well as any
other limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any
termination of your use of the Site.
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