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Terms Of Use

TodayTix, LLC

Terms of Use

Please read the following carefully.

IMPORTANT!

These are the Terms of Use govern your use and access for www.todaytix.ca (“Site”), mobile applications (“Applications”) and our services (collectively, the “Services”).  The Site, Services and Applications (collectively, the “TodayTix Properties”) are operated by TodayTix, LLC (“TodayTix” “we”, “our”, “us”). by using the todaytix properties, you are indicating your acknowledgment and acceptance of these terms of use and all related policies and guidelines of the todaytix properties, including the privacy policy, which are incorporated by reference.

  1. Modifications to Terms of Use

    We reserve the right to change these Terms of Use or any other policies or guidelines governing the TodayTix Properties from time to time by changing them on the Site and Applications.  These Terms of Use were last updated on the date described below. Your use of the TodayTix Properties will be subject to the most current version of the Terms of Use posted on our Site at the time of such use. Your continued use of the TodayTix Properties after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.if you do not agree to any changes to these terms of use, please immediately discontinue your use of the todaytix properties.

  2. Privacy Policy

    Please click here to read and review our Privacy Policy, which describes our privacy policies and practices in detail, as we may amend such policy from time to time. We advise you to check our Privacy Policy on a frequent basis for changes. You hereby consent to our use of your personal information in accordance with the terms and for the limited purposes described in our Privacy Policy. By agreeing to these Terms of Use, you acknowledge and agree that certain information about you is subject to our Privacy Policy.

  3. Intended Users

    You must be at least eighteen (18) years old to use the TodayTix Properties. Your use of the TodayTix Properties is a representation to us that you are at least eighteen (18) years of age. You agree to cooperate with us and any reasonable measures we may use to verify your identity and authority in connection with your use of the TodayTix Properties.

  4. License Grant and Restrictions on Use
    1. Subject to your compliance with these Terms of Use, TodayTix grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Applications on a single mobile device or computer that you own or control and to run such copy of the Applications to access and use the Services solely for your own personal or internal business purposes.
    2. You understand that the TodayTix Properties are evolving. As a result, TodayTix may require you to accept updates to the TodayTix Properties that you have installed on your computer or mobile device. You acknowledge and agree that TodayTix may update the TodayTix Properties with or without notifying you. You may need to update third-party software from time to time in order to use the TodayTix Properties.
    3. The rights granted to you in these Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the TodayTix Properties or any portion of the TodayTix Properties, including the Applications; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, ticket information, or other the TodayTix Properties (including images, text, page layout or form) of TodayTix; (c) you shall not use any metatags or other “hidden text” using TodayTix’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the TodayTix Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Applications (except that we may elect to grant the operators of public search engines revocable permission to use spiders to copy materials from the TodayTix Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the TodayTix Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the TodayTix Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the TodayTix Properties. Any future release, update or other addition to the TodayTix Properties shall be subject to these Terms of Use. TodayTix, its licensors, suppliers and service providers reserve all rights not granted in these Terms of Use. Any unauthorized use of the TodayTix Properties terminates the licenses granted by TodayTix pursuant to these Terms of Use.
    4. We may, at any time and without notice to you, suspend, disable, limit or terminate access or use of all or part of the Applications or the Services for any reason and without any liability to you whatsoever. While TodayTix takes great care to ensure the TodayTix Properties are accurate, errors and/or inaccuracies may occur. TodayTix may change or update information on the Site and Applications at any time without notice, and availability of the Services or the Applications.
  5. Additional Terms for Mobile Users
    1. Your use of our Applications must be in accordance with all third party usage rules and policies that may exist from time to time (“Usage Policies”) applicable to you or your use of our Applications that may relate to any service provider, mobile device platform or the method you downloaded our Applications. You are solely responsible for determining the Usage Policies that apply to your use of the Applications.
    2. Your use of the Applications requires usage of data services. You acknowledge and agree that you are solely responsible for any and all data fees that your wireless service carrier may charge and any other applicable fees in connection with your use of the Applications.
    3. You must not use this Applications on any device that you know or have reason to believe has had its standard protections and limitations have been removed, including, but not limited to a device that has been “rooted” or “jailbroken”.
    4. The following additional terms and conditions apply with respect to any Applications that TodayTix provides to you designed for use on an Apple iOS-powered mobile device (an "iOS App"):
      1. You acknowledge that these terms are between you and TodayTix only, and not with Apple, Inc. (“Apple”).
      2. Your use of TodayTix's iOS App must comply with Apple's then-current App Store Terms of Service.
      3. TodayTix, and not Apple, is solely responsible for our iOS App and the Services and content available thereon.
      4. Your use of the iOS App is limited to Apple branded products that you own or control and as permitted by the Usage Policies set forth in the App Store Terms of Service.
      5. You acknowledge that Apple has no obligation to provide maintenance and support services whatsoever with respect to our iOS App.
      6. To the maximum extent permitted by applicable law, Apple will have no warranty obligations, whether express or implied by law whatsoever with respect to our iOS App. To the extent not effectively disclaimed, any warranties remain with TodayTix. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for iOS App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to confirm to any warranty will be TodayTix’s sole responsibility.
      7. You agree that TodayTix, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these terms and any law applicable to us as provider of the iOS App.
      8. You agree that TodayTix, and not Apple, shall be responsible, in the event of any third party claim that the iOS App or your possession and use of our iOS App infringes that third party’s intellectual property rights, and TodayTix, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such third party intellectual property infringement claim.
      9. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
      10. You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
      11. The parties agree that Apple and Apple's subsidiaries are third party beneficiaries to these terms as they relate to your license of TodayTix's iOS App. Upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
  6. Your Registration Obligations
    1. We may, from time to time, restrict access to certain features, parts or content of the TodayTix Properties or the entire TodayTix Properties, to users who have registered with us. In order to do so, you may be provided, or required to choose or provide, a password, username, and/or other registration information, including, but not limited to, personal information (collectively, “Registration Suggestions”). You may also register for an account by linking your valid account on a social networking service (“SNS”) to the Services. You must ensure that any Registration Suggestions you provide are accurate and up to date and that you have the right to provide such Registration Suggestions to us. If any of your Registration Suggestions changes, you must update it by using the appropriate update mechanism on the TodayTix Properties. We reserve the right to disable your account, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use or if any details you provide for the purposes of registering as a user prove to be false. However, we have no obligation to verify the accuracy, currency completeness or usefulness of any information that you have provided to us. We have the right, in our sole discretion, to cancel your username and password without notice to you.
    2. If you access the Services through an SNS, you represent that you are entitled to disclose your SNS account and login information to TodayTix and/or grant TodayTix access to your SNS account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the SNS and without requiring TodayTix to pay any fees or making TodayTix subject to any usage limitations imposed by the operator of the SNS. Please note that if a SNS account or associated service becomes unavailable or TodayTix’s access to such SNS account is terminated by the third-party service provider, then the link between the SNS account and our Services will also terminate. You have the ability to disable the connection between your SNS account and the Services at any time by accessing the “Settings” function of your mobile device. please note that your relationship with the operator of the sns account is governed solely by your agreement(s) with such operator of sns.
    3. If you register or set up an account on the TodayTix Properties, you will be solely responsible for maintaining the confidentiality of any username, password, and similar information. You may not authorize others to use your username, password, or similar information. You are solely responsible for all usage or activity on your account including, but not limited to, use of the account by any person who uses your Registration Suggestions, with or without authorization, or who has access to any computer on which your account resides or is accessible. If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Suggestions), you must promptly change the affected Registration Suggestions by using the appropriate update mechanism on the Site. We will not be responsible for the unauthorized use of your profile by any other person and disclaim any and all liability that may be associated with such use.
    4. You must provide all equipment and software necessary to connect to the TodayTix Properties, including, but not limited to, a mobile device that is suitable to connect with and use the TodayTix Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the TodayTix Properties.
  7. Services and Features
    1. The Services may permit you to purchase tickets to live events. TodayTix sells tickets on behalf of event providers, such as theatres and venues (“Event Providers”). TodayTix acts as an agent for the Event Providers when selling tickets through our Services and as such, TodayTix does not set the ticket prices or determine seating locations. As TodayTix is an agent of the Event Provider and has no control over ticket inventory, tickets for popular events may sell out quickly. Although, Event Providers may occasionally make additional tickets available prior to an event, TodayTix does not control this inventory or its availability.
    2. After placing an order through our Services (“Order”), you will receive an email from us acknowledging that we have received your Order and giving you an order reference number. Please note that this does not mean that your Order has been accepted. Your Order constitutes an offer to us to purchase tickets in accordance with these Terms of Use. All Orders are subject to acceptance by us. We are not obliged to accept your Order and may, at our discretion, decline to accept any Order. If we cannot fulfill your Order, we will use commercially reasonable efforts to contact you within three business hours. When we accept your Order, we will confirm such acceptance to you by sending you an email confirming that your Order has been accepted. We charge a per-ticket service fee and a non-refundable per Order processing fee for tickets purchased through our Services. In certain instances, you may be able to avoid our service fees by purchasing tickets directly from the Event Provider. Before purchasing tickets, carefully review your event and seat selection. Tickets purchased through the Services will be available for pickup only from the box office of the relevant Event Provider. You will need to bring a form of personal identification and your reference number when you collect your tickets from the Event Provider. If you require any technical support regarding our Services or the TodayTix Properties you may either contact us through the Site or via telephone as described on the Site. Support services are available in English only.
    3. The price of tickets is as quoted on the TodayTix Properties from time to time. All prices listed on the Site and Applications are in Canadian dollars and all charges will be processed in Canadian dollars, unless stated otherwise. TodayTix may change or update information on the TodayTix Properties at any time without notice, including in respect of prices and availability of tickets. Payment for all Orders must be made by credit card on the checkout page. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee which we are not responsible for.
  8. Refunds and Cancellations

    TodayTix will not issue exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets. Additionally, tickets not claimed within one week cannot be claimed. Occasionally, live events are canceled or postponed. Should this occur, TodayTix will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact us at [support@todaytix.com]. Event dates and times are subject to change. It is your responsibility to check for any possible changes in the date and time. You agree that TodayTix is not responsible for changes in date or time of the event, and that refunds will not be issued due to event dates or times being changed.

  9. Referral Codes

    After registering your TodayTix account with us, TodayTix will provide you with a personalized referral code, which you may only share with your friends and family. To make a referral, you must have a valid TodayTix account. When a friend or family member enters your referral code at check out, they will receive ten Canadian dollars off of their first Order and you will receive a ten Canadian dollar credit once they have purchased an event ticket via the Services. Referral codes may only be used for personal purposes among your personal connections. You may not distribute your invite code on sites where you are not the primary content owner, including Wikipedia, coupon sites, review sites or in display advertising. You must tell your friends that you are eligible to receive a credit if they use your referral code. You represent that you have the necessary consent from your friend or family member to send them your referral code. Failure to disclose this information is a violation of these Terms of Use and may result in termination of your account and/or your disqualification from participating in incentive programs in the future. TodayTix reserves the right to cancel this (or any other) referral program at any time.

  10. Responsibility for TodayTix Content
    1. The entire contents of the TodayTix Properties, including without limitation, all names, designs, graphics, images, illustrations, photographs, artwork, video, audio, software, code, data, text, displays, the Site’s “look and feel”, logos, slogans, trade-marks, including the “TODAYTIX” trademark and related graphics, trade names, service marks, domain names, and the design, selection, arrangement and presentation of the TodayTix Properties as a collective work and/or compilation (collectively, “TodayTix Content”) is protected under Canadian copyright, trade-mark, competition and other laws of Canada and other nations, and is owned by us or has been licensed to us. Except as expressly provided in these Terms of Use, nothing contained in this Site and provided by our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TodayTix Content.
    2. We may, from time to time, provide you with information, documents or resources, verbally, electronically or written (collectively, “Documentation”) owned by us or licensed to us which are protected under copyright, trade-mark, patent and other intellectual property rights. All content in the Documentation, including the collection, arrangement, and assembly of such content, is our exclusive property or licensed to us. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in anyway, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Documentation or content in the Documentation, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without our prior written consent. You must not permit, allow or do anything that would infringe or otherwise prejudice our proprietary rights or allow any third party to access the Documentation. The restrictions set out in these Terms of Use do not apply to the limited extent the restrictions are prohibited by applicable law.
  11. Third Party Content
    1. The TodayTix Properties may also contain information or materials (“Third Party Content”) that is owned or provided by persons other than TodayTix (“Third Party Providers”). We make no representations and warranties with respect to any such Third Party Content and do not undertake to conduct any independent investigation of Third Party Content. Inclusion of Third Party Content from Third Party Providers with our Services or Applications does not mean, unless expressly stated otherwise, that we endorse or agree with such Third Party Content.
    2. You understand that you have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
    3. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use. You may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Third Party Content, in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise, for any public or commercial purpose, without the prior written consent of the Third Party Providers. You must use your best efforts to stop any such copying or distribution immediately after you become aware of such use.
  12. Hyperlinks

    The TodayTix Properties contain hyperlinks to other sites that are not maintained by, or related to, TodayTix. Hyperlinks to such sites are provided solely as a convenience to you and do not imply any endorsement by TodayTix of, any affiliation with or endorsement by the owner of the linked site. We have no control over such third party sites. We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the TodayTix Properties. Use of such third party sites, including any information, material and services in these sites, is solely at your own risk. You also understand and agree that our Privacy Policy is applicable only while you are using the TodayTix Properties. Once you are linked to another site, you should read the privacy statement of that site before disclosing any personal information.

  13. User Content
    1. The Site and Applications may allow you to upload user-generated content in public areas so that you may review the Applications in the comments pages and/or message boards (collectively “User Content Areas”). We do not control the material submitted to User Content Areas (collectively “User Submissions”), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views. We urge you not to share any personal information, confidential information or any other information that you would not want to share with the general public. Any User Submissions you provide for display on the Site is considered non-confidential.
    2. If you participate in any User Content Areas, you must keep all User Submissions relevant to the purpose of the User Content Area. You agree to only post User Submissions to which you own all proprietary right, title and interest, or have a license or written consent from the owner to post such User Submissions on the TodayTix Properties. You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Submission (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.
    3. Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic, at any time without notice to you.
  14. Use of the TodayTix Properties
    1. We expect that you will access and use the TodayTix Properties in a professional, responsible and business-like manner in accordance with applicable laws and treat all users of the TodayTix Properties (the “Users”) lawfully and respectfully when posting User Submissions and interacting with Users through the Site. By using the TodayTix Properties, you have the opportunity to engage in dialogue with representatives of TodayTix if you send us emails or contact us through our Site. We welcome your questions, suggestions, ideas and other information (collectively “Suggestions”) that you communicate to us so long as any such Suggestions, User Submissions, or interaction is not obscene, illegal, threatening, defamatory, libelous, harmful, abusive, harassing, tortuous, homophobic, sexist, vulgar, obscene, hateful or racially, ethically or otherwise objectionable, invasive of privacy, infringing of third party intellectual property or privacy rights, or is otherwise injurious to third parties.
    2. You are not obligated to provide us with Suggestions regarding the TodayTix Properties. However, if you do provide us with Suggestions, then we retain all rights to any Suggestions that you may provide to us and you agree to grant us a non-exclusive, worldwide, royalty-free, irrevocable license to use your Suggestions in any commercial manner.
    3. You further agree that you must use the TodayTix Properties for lawful purposes only and represent and warrant that you will not use the TodayTix Properties to:
      1. e-mail, provide us with or otherwise transmit any Suggestions or User Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
      2. e-mail, provide us with or otherwise transmit any Suggestions or User Submissions that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
      3. remove any proprietary notices or labels, or any promotional or advertising material, from the TodayTix Properties;
      4. e-mail, transmit or send via the Internet any unsolicited or unauthorized advertising, branding, promotional materials, commercial solicitation, political campaigning, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
      5. impersonate any person or entity or misrepresent your affiliation with any other person, company or entity, including without limitation, using a false email address or misleading us as to your identity when you are on our Site or otherwise communicating with us;
      6. upload, e-mail, send via the Internet or otherwise transmit, any software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any TodayTix or third party computer hardware, software, networks, or hardware or telecommunications equipment;
      7. interfere or attempt to interfere with or disrupt the TodayTix Properties including but not limited to our servers or networks connected to our Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, “flooding” or “mail-bombing” our Site or disobeying any requirements, procedures, policies or regulations of networks connected to the TodayTix Properties;
      8. direct bots, spiders, crawlers, avatars, intelligent agents or any other automated process at our computer systems or otherwise, create unreasonable load upon any of our computer hardware, network, storage, input/output or electronic control devices;
      9. intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the TodayTix Properties or any User Submissions;
      10. modify, adapt, assign, copy, sublicense, translate, rent, sell, reverse engineer, decompile or disassemble any of the TodayTix Properties (except as may be expressly permitted in these Terms of Use), including but not limited to any portion of our Site;
      11. Collect, store, distribute, post, revise or delete any User Submissions or other personal information of other Users without their express consent;
      12. Transmit any Information or User Submissions known by you to be false, inaccurate or misleading; or
      13. Transmit any Information or User Submissions that is intimate, private or that you would not want the public to view or have access to.
  15. Disclaimer of Warranties and Conditions/Limitation of Liability
    1. You understand that we will use commercially reasonable efforts to provide the TodayTix Properties, but we cannot and do not guarantee or promise any specific and intended results from the use of the TodayTix Content, Third Party Content and Documentation (collectively “Content”) or the TodayTix Properties. You also understand that any information in the Content is provided for your own convenience and is for informational purposes only. You acknowledge that any reliance on the Content and the TodayTix Properties will be at your own risk and that you must evaluate and bear all risks associated with the use of the Content and the TodayTix Properties. Any opinions and comments in User Submissions represents the views and opinions of the person that posted such User Submissions and in no way represent the views and opinions of TodayTix.
    2. We cannot and do not guarantee or promise any specific and intended results and benefits, including but not limited to financial or commercial, from the use of the TodayTix Properties or Content. you are solely responsible for any use of and results from using the todaytix properties or content.
    3. your acknowledge that your use of the todaytix properties and content is at your own risk. the todaytix properties and content are provided on an “as is” and “as available” basis without representations, warranties, guarantees or conditions of any kind, either express or implied. we expressly disclaim all representations, warranties, guarantees and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement or those arising out a course of dealing or usage of trade for the todaytix properties and content. we make no representations, warranties or conditions regarding the availability appropriateness, completeness, accuracy, or currency of the todaytix properties and content. for greater clarity, we do not represent or warrant that: (i) the todaytix properties and content do not and will not infringe, or be subject to any intellectual property claims, or a claim of infringing the trademark or other rights of another party; (ii) the todaytix properties will be uninterrupted, functional, secure, reliable, accurate, complete, current, useful, suitable, secure or error-free; (iii) the todaytix properties will be suitable, accurate, correct, reliable, complete, timely, error-free or will meet your requirements and expectations in any way; (iv) any defects in the todaytix properties or content will be corrected; (v) user submissions will be respectful, appropriate, truthful, accurate or in full compliance with these terms of use; and (vi) we have verified or endorsed any third party content. the todaytix properties and content may include technical inaccuracies or typographical errors, and we may make changes or improvements to the todaytix properties and content at any time.
    4. in no event shall todaytix, its directors, officers, shareholders, employees, third party providers, agents or advisors (“associated persons”) be liable to you or any other person or entity for any direct, indirect, exemplary, special, incidental, consequential or punitive damages, including loss of income, loss of profits, loss of anticipated sales, loss of opportunities, business interruption, failure to realize unexpected savings, damage to property, claims of third parties, loss of goodwill, use, data or other intangible losses or other economic or personal loss arising from or in connection with: (i) your use of or reliance on any user submissions or the information provided by us on the todaytix properties or stated in our content; (ii) your use of or inability to use the todaytix properties; (iii) your violations of trademark infringement or other intellectual property rights; (iv) any failure of performance of the todaytix properties, whether related to error, omission, interruption, defect, delay in operation or transmission, computer viruses or line failure; (v) the unauthorized use of your account and password by any person; (vi) any hyperlinked sites; (vii) your user submissions or other information that you transmitted or shared with other users or the public through or in connection with our service; (viii) any lost, stolen or damaged tickets, or the failure of a venue to honor a ticket; or (ix) any other matters relating to the todaytix properties and content, whether based in contract, negligence, strict liability, fundamental breach, failure of essential purpose or otherwise, whether or not we had any knowledge, actual or constructive, that you might incur such damages. associated parties assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any content (including, but not limited to, your registration suggestions and users).
    5. we disclaim any and all such above representations, warranties and conditions to the fullest extent permissible under applicable law. certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
    6. you and todaytix agree that any cause of action arising out of or related to these terms of use, the todaytix properties or the content you may have must commence within one (1) year after the cause of action accrues. otherwise, such cause of action is permanently barred.
    7. From time to time, TodayTix may offer new “beta” features or tools with which its users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued, at any time, without prior notice, at TodayTix’s sole discretion. The provisions of this section apply with full force to such features or tools.
  16. Indemnification
    1. You agree to indemnify, defend and hold harmless TodayTix, its parents, subsidiaries, affiliates, officers, employees, agents, partners, providers, suppliers, advertisers, sponsors, and licensors (collectively, the “TodayTix Parties”) from and against any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your User Submissions; (b) your use of, or inability to use, the TodayTix Properties and Content; (c) your violation of these Terms of Use; (d) your violation of any rights of another party, including any users; or (e) your violation of any applicable laws, rules or regulations. TodayTix reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TodayTix in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, these Terms of Use or your access to the TodayTix Properties.
    2. you agree that under no circumstances will todaytix parties be liable to you for more than fifty dollars ($50).
  17. System Security
    1. You are prohibited from using any services or facilities provided in connection with the TodayTix Properties to compromise security or tamper with our system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. We reserve the right to investigate suspected violations of these Terms of Use and to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone believed to be violating these Terms of Use.
  18. Termination
    1. You acknowledge and agree that these Terms of Use shall remain in effect for so long as you use the TodayTix Properties or Content. You agree that these Terms of Use can only be terminated by you once you have stopped using the TodayTix Properties or Content. We reserve the right to suspend or terminate your use of the TodayTix Properties or Content and remove and discard any information or User Submissions related to you and your use of the TodayTix Properties or Content at any time, for any reason, with or without cause, if we believe that you are violating these Terms of Use in any way. If you wish to terminate your account, you may choose to cease use of the Site and Applications or to send us notification by email at support@todaytix.com. If you are dissatisfied with the TodayTix Properties or Content, including these Terms of Use, your sole remedy is to discontinue using the TodayTix Properties or Content by ceasing to use the Site which includes ceasing to use the Services and the Applications.
    2. If your registration(s) with or ability to access the TodayTix Properties is discontinued by TodayTix due to your violation of any portion of these Terms of Use or for otherwise inappropriate conduct, then you agree that you shall not attempt to re-register with or access the TodayTix Properties through the use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those TodayTix Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, TodayTix reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
  19. Governing Law; Jurisdiction

    These Terms of Use and any action related thereto or related to the TodayTix Properties and Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. The United Nations Convention on the International Sale of Goods is explicitly excluded from these Terms of Use. You agree that any action at law or in equity arising out of or relating to these Terms of Use or your use of the TodayTix Properties or Content will be filed only in a court located in Toronto, Ontario, Canada, and you hereby irrevocably and unconditionally consent and submit to the non-exclusive jurisdiction of such courts for the purpose of any such action. Your use of the TodayTix Properties and Content is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the TodayTix Properties or Content in any such circumstances.

  20. General Provisions
    1. International Users. The TodayTix Properties can be accessed from countries around the world and may contain references to Services and content that are not available in your country. These references do not imply that TodayTix intends to announce such Services or content in your country. The TodayTix Properties are controlled and offered by TodayTix from its facilities in the United States of America. Those who access or use the TodayTix Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
    2. Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without our prior written consent.
    3. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the TodayTix Properties, please contact us at: support@todaytix.com. We will do our best to address your concerns. Support is available in English only. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
    4. Notice. Where TodayTix requires that you provide an e-mail address, you are responsible for providing TodayTix with your most current e-mail address. In the event that the last e-mail address you provided to TodayTix is not valid, or for any reason is not capable of delivering to you any notices called for by these Terms of Use, TodayTix’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TodayTix at the following address: 64 Wooster Street, Floor 2, New York, NY 10012. Such notice shall be deemed given when received by TodayTix by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
    5. Waiver. Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. No delay or omission by us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.
    6. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
    7. Entire Agreement. These Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.
    8. Headings. The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect and shall not affect the construction or interpretation of these Terms of Use.
    9. Language. You agree that English will be the language of our Site and of all transactions occurring in connection with our Services and Applications, and you agree to waive any right to use and rely upon any other language or translations. You acknowledge that it is your express wish that these Terms of Use have been drawn up in English. C'est la volenté expresse des parties que la présente convention ainsi que tous les documents legales qui s'y rattachent soient rédigés en anglais.
  21. Last Modified

    These Terms of Use were last modified on July 21, 2017