11. MESSAGING SERVICES (E.G. E-MAIL AND TicketDaddy.net CHAT)
a. Description of Services: During registration you will be asked to provide current, complete and accurate information as prompted to so do. You will then enter your registered username and password. Your username and password will be used for all Services offered by the Sites. You are entirely responsible for maintaining the confidentiality of your username and password. A user’s IP address and identity will not be displayed in connection with the Services, unless the user selects this option during registration and customization of the Services. All information requested during registration shall be referred to as the “Registration Data”. Please read the TicketDaddy Privacy Policy for information on how TicketDaddy collects and uses user’s personal information. Notwithstanding the terms of the TicketDaddy Privacy Policy, you grant to TicketDaddy the right to disclose the Registration Data to third parties for the purposes of administering and maintaining the Services. Furthermore, while it is TicketDaddy’s policy to respect the privacy of its users, including information about user’s use of the Services, including the contents of users’ email and messages (“Email Content”), TicketDaddy reserves the right to monitor, edit or disclose any personal information about the user, his/her use of the Services, or such contents, in the event that TicketDaddy believes that such action is necessary in order to 1) conform to legal requirements or comply with legal process; 2) to protect and defend the rights of TicketDaddy; 3) to enforce the Terms of Service; or 4) to act to protect the interests of its members and others. You agree to notify TicketDaddy immediately in the event that you believe that there is unauthorized use of your account.
b. Advertising. Users may from time to time enter into correspondence with or participate in the promotions of advertisers through the Services. All such correspondence, including, without limitation, any resulting contractual agreements, are solely between the advertiser and the user and, as such, TicketDaddy shall not be responsible for upholding any applicable terms, conditions, representations of warranties made by advertiser or user in connection therewith.
c. User Storage Space. The amount of storage space per user is limited. Some messages may not be processed due to space constraints or outbound message limitations. TicketDaddy assumes no responsibility for the deletion or failure to store, deliver, or deliver in a timely manner email messages.
d. Rules of Conduct. You agreed that your use of the Services is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services.
i. User agrees not to: Disseminate content intended to harass, abuse, threaten, impersonate any other individual or entity, disseminate obscene, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information.
ii. Use the Services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming” or in connection with contests, surveys or pyramid schemes.
iii. Use the Services for commercial purposes, including, without limitation, for the advertising or offering of goods or services.
iv. Transmit or upload programs or material that contain viruses, timebombs, cancelbots, worms, trojan horses or other harmful or deleterious programs.
v. Transmit or upload any material that contains software or other material that is protected by intellectual property laws and/or would infringe upon rights of privacy or publicity of a third party unless user owns or controls the rights thereto or has received a license, permission and/or consent thereto.
vi. Try to gain unauthorized access to the Services, other users’ accounts, or computers connected to the Services though password mining or other means.
vii. Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.
viii. Interfere with another user’s use and enjoyment of the Services or any other individual’s user and enjoyment of similar services.
e. Termination of the Services. TicketDaddy may terminate the Services at any time with or without cause. TicketDaddy shall not be liable to user or any other party for termination of the Services. If user should object to any of the terms and conditions of the Services, user may i) discontinue use of the Services or ii) cancel his/her membership to the Services by sending an email from the email address submitted during registration to [email protected]. The subject lines of the mail should read “remove ” where represents the name the user uses to log in. The body of the email should include the member’s username, password, date of birth and email address. TicketDaddy.net will send a confirmation when the user’s account is deleted Upon termination of the Services, TicketDaddy will have no further obligation thereafter to forward any unread or unsent messages to user or any other party.
f. Disclaimer and Limitations of Liability TicketDaddy is not liable for failure to monitor or edit messages sent over the Services. TicketDaddy does not endorse the content of users’ communications and does not assume liability for any threatening, libelous, obscene, harassing or offensive material contained therein, User is responsible for maintaining the confidentiality of user’s passwords and for all activities which occur under user’s account.
g. Community Standards and Submissions
To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “Posting(s)”), please be advised that Postings do not necessarily reflect the views of TicketDaddy. In no event shall TicketDaddy assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.
To the extent that portions of this site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “Posting(s)”), please be advised that Postings do not necessarily reflect the views of TicketDaddy. In no event shall TicketDaddy assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this site.
By submitting a Posting, you authorize TicketDaddy to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the right of any third party. If your Posting incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant TicketDaddy permission to use such name, voice, likeness and/or image of such individual appearing in the Posting in all media throughout the world in perpetuity. Without limiting the foregoing, TicketDaddy will have the right to use and change the Postings in any manner that TicketDaddy may determine. Please be advised that in no event shall TicketDaddy assume or have any responsibility or liability for the manner in which the Posting is exploited or for any claim, damages or losses resulting from their use and/or appearance on TicketDaddy’s websites, affiliated television programming services or elsewhere.
Please also understand that your Postings shall not be returned by TicketDaddy. You agree to defend, indemnify and hold TicketDaddy, its parent, affiliated subsidiary and/or related entities and parties harmless from and against any breach or alleged breach of any of your representations, warranties or undertakings hereunder.
The TicketDaddy chatroom/bulletin board may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although TicketDaddy periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, TicketDaddy will make every effort to ensure that the chatroom/bulletin boards best serve the interests of all users and, therefore, TicketDaddy reserves the right to refuse to post, edit, or delete messages or any Postings that violate the above-referenced Rules of Participation or Terms and Conditions of this Site, as well as revoke the privileges of users who do not comply with such rules or block specific IP addresses and delete user’s password and username. If you believe that any information provided on this Site violates the Rules of Participation, Terms of Service of this Site, or otherwise infringes upon the rights of any third party, please send us e-mail.
12. Unacceptable Uses
You are solely responsible for any and all acts and omissions that occur while You use this Site, and You agree not to engage in unacceptable use of the Site, which includes, but is not limited to, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as “spam”); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity, including, but not limited to, a TicketDaddy employee or agent; (vi) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States or your resident country and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (m) provide instructional information about illegal or unlawful activities (xiii) “stalk” or otherwise harass another person; (xiv) intentionally or unintentionally violate any applicable local, state, national or international law; (xv) engage in outside commercial or business activities without Our express written consent; and/or (xvi) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Site or in conflict with the spirit or intent of the User Agreements. Any violation of this section can result in termination of Your account and/or license to use this Site and any ticket orders and/or Event listings that You place with Us, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Site or to other information in our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Site may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
