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Welcome to BilliardHQ. The following
are the Terms of Use (these "Terms") that govern
use of the this
web site. By using or
visiting the Site, you expressly agree to be bound
by these Terms and to follow these Terms and all
applicable laws and regulations governing the Site.
We reserve the right to change these Terms at any
time, effective immediately upon posting on the
Site.
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Purchase Policy
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Please review the , which will govern your order or purchase
of any tickets through the Site. |
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Prohibited Content
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The following is a partial list of the
kind of User Content which is illegal or prohibited
on the Site. It includes User Content that: |
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is patently offensive to the online community, such
as User Content that promotes racism, bigotry, hatred
or physical harm of any kind against any group or
individual; |
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could be harmful to minors; |
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harasses or advocates harassment of another person; |
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involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming"; |
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promotes information that you know is false, misleading
or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous; |
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promotes an illegal or unauthorized copy of another
person's copyrighted work, such as providing pirated
computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music
files; |
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contains restricted or password only access pages,
or hidden pages or images (those not linked to or
from another accessible page); |
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displays pornographic or sexually explicit material
of any kind; |
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provides material that exploits people under the
age of 18 in a sexual or violent manner, or solicits
personal information from anyone under 18; |
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provides instructional information about illegal
activities such as making or buying illegal weapons,
violating someone's privacy, or providing or creating
computer viruses; |
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solicits passwords or personal identifying information
for commercial or unlawful purposes from other users;
and |
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engages in commercial activities and/or sales without
our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes. |
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Offline Conduct
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Although BilliardHQ cannot monitor
the conduct of users off the Site, it is also a violation
of these rules to use any information obtained from
this Site in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit
or sell to any Site user without their prior explicit
consent.
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Commercial Use
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No bulletin board, chat or other areas
of this Site may be used by our visitors for any commercial
purposes such as to conduct sales of tickets, merchandise
or services of any kind. You must obtain our prior
written consent to make commercial offers of any kind,
whether by advertising, solicitations, links, or any
other form of communication. Without limiting the
foregoing, you may not resell or link to other sites
for the purpose of selling tickets of any kind. We
will investigate and take appropriate legal action
against anyone who violates this provision, including
without limitation, removing the offending communication
from the Site and barring such violators from use
of the Site. We reserve the right to block access
to or cancel a ticket order on any user known or reasonably
believed to be associated with any ticket broker or
scalper, or utilizing automated means to process or
place ticket orders, or whose ticket order exceeds
the stated limit. Please note that BilliardHQ has
entered into agreements with certain promoters/coordinators
for whom BilliardHQ hosts web sites that are designed
to allow such promoters
to sell.
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Access and Interference |
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You agree that you will not 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 expressed written permission. You agree
that you will not use any device, software or routine
to interfere or attempt to interfere with the proper
working of the Site. You agree that you will not take
any action that imposes an unreasonable or disproportionately
large load on our infrastructure. You agree that you
will not access, reload or "refresh" transactional
event or ticketing pages, or make any other request
to transactional servers, more than once during any
three second interval. You agree that you will not
copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for
your own personal, non-commercial use) from the Site
without the prior expressed written permission of
BilliardHQ.
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Unauthorized Use of the Site |
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Illegal and/or unauthorized use of the
Site, including, but not limited to, unauthorized
ticket sales, unauthorized framing of or linking to
the Site, or unauthorized use of any robot, spider
or other automated devise on the Site, will be investigated
and appropriate legal action will be taken, including
without limitation civil, criminal and injunctive
redress.
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Violation of the Terms |
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You understand and agree that in BilliardHQ's
sole discretion, and without prior notice, BilliardHQ
may terminate your access to the Site, cancel your
ticket order or exercise any other remedy available
and remove any unauthorized User Content, if BilliardHQ
believes that your conduct, or the User Content you
provide, violates or is inconsistent with these Terms,
or violates the rights of BilliardHQ, another user
or the law. You agree that monetary damages may not
provide a sufficient remedy to BilliardHQ for violations
of these Terms and you consent to injunctive or other
equitable relief for such violations. BilliardHQ
is not required to provide any refund to you if you
are terminated as a User because you have violated
these Terms or any of BilliardHQ's rights.
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Privacy |
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We believe that your privacy and the
privacy of all our users is important. These Terms
are subject to the Privacy
Policy, which is hereby incorporated by reference.
BilliardHQ will not be responsible or otherwise
liable for any use or disclosure of your contact information,
or financial information, by a third party to whom
BilliardHQ is allowed to disclose your contact information
under the Privacy
Policy.
If you post any User Content to the Site, by electronic
mail or otherwise, we will treat it as non-confidential
and non-proprietary to you. When we say in these Terms "post" we
mean the provision of information (including, but
not limited to, "User Content") to the Site through
features of the Site that are used to make information
available to other members of the public (e.g., user
reviews, bulletin boards, chat rooms, etc.). Information
that is posted to the Site shall not be subject to
the Privacy Policy and
may be publicly displayed and disclosed and otherwise
used by BilliardHQ or any third party in any way.
By posting User Content to the Site, you authorize
us to use or allow others to distribute, reproduce
or otherwise use such User Content. You should not
post information about yourself on the Site that can
be used to identify or contact you, including, but
not limited to, your name, home or work address, phone
numbers, pagers, email address or other such information.
If you post such information, BilliardHQ cannot
prevent it from being used in a manner that violates
these Terms, the law, or your personal privacy and
safety. By posting such information on the Site, you
violate these Terms, and you assume the risks and
sole liability for the results of such posting.
BilliardHQ is not liable for any lost data resulting from the operation
of the Site or the enforcement of the Terms. We urge all users to maintain
their own back up versions of any User Content or other information they
submit to the Site.
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We will terminate the privileges of
any user who uses this Site to unlawfully transmit
copyrighted material without a license express consent,
valid defense or fair use exemption to do so. In particular,
users who submit User Content to this Site, whether
articles, images, stories, software or other copyrightable
material must ensure that the User Content they upload
does not infringe the copyrights or other rights of
third parties (including, but not limited, to trademark,
trade secret, privacy or publicity rights). After
proper notification by the copyright holder or it
agent to us, and confirmation through court order
or admission by the user that they have used this
Site as an instrument of unlawful infringement, we
will terminate the infringing users' rights to use
and/or access to this Site. We may, also in our sole
discretion, decide to terminate a user's rights to
use or access to the Site prior to that time if we
believe that an alleged infringement has occurred.
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Disclaimers |
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BILLIARDHQ DOES NOT PROMISE THAT THE
SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT
WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE
OR ANY CONTENT, SEARCH OR LINK ON IT. THE SITE AND
ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS.
BilliardHQ CANNOT ENSURE THAT FILES YOU DOWNLOAD
FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION
OR DESTRUCTIVE FEATURES. BilliardHQ DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALSO ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. BilliardHQ WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT,
INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL
DAMAGES. BilliardHQ MAKES NO GUARANTEE OF ANY SPECIFIC
RESULT FROM USE OF THIS SITE OR USE OF THE BilliardHQ
SERVICE.
BilliardHQ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND
CONDUCT OF ANY THIRD PARTY USERS, BilliardHQ USERS, ADVERTISERS AND/OR
SPONSORS ON THE SITE, IN CONNECTION WITH THE BilliardHQ SERVICE OR OTHERWISE
RELATED TO YOUR USE OF THE SITE AND/OR THE BilliardHQ SERVICE. BilliardHQ
IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT
OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH
OR REFERENCED ON THE SITE.
Without limiting the foregoing, you may report the misconduct of users
and/or third party advertisers, service and/or product providers referenced
on or included in the Site to BilliardHQ at support@billiardhq.com. BilliardHQ
may investigate the claim and take appropriate action, in its sole discretion. |
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Limitation on Liability
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EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS
ARE RESTRICTED, IN NO EVENT WILL BilliardHQ BE LIABLE
TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR LOST
PROFITS, REVNUES OR BUSINESS OPPORTUNITIES, EVEN IF
BilliardHQ HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. |
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Disputes
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If you have a dispute and your dispute
involves an event (or a ticket for an event) that
is located in the United States, then the dispute
will be governed by the laws of the State of Virginia
without regard to its conflict of law provisions and
you consent to personal jurisdiction, and agree to
bring all actions, exclusively in state and federal
courts located in virginia Beach, Virginia.
If you have a dispute
regarding the Site but not regarding an event (and
not regarding a ticket for an event), then: (a) if
you are accessing the Site from the United States,
then the dispute will be governed by the laws of the
State of Virginia without regard to its conflict
of law provisions and you consent to personal jurisdiction,
and agree to bring all actions, exclusively in state
and federal courts located in Virginia Beach, VA. |
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Indemnity
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You agree to indemnify and hold BilliardHQ
and its affiliates, and each of BilliardHQ's and
its affiliates' respective officers, agents, employees,
contractors and principals, harmless from any loss,
liability, claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out
of your use of the Site, including also your use of
the Site to provide a link to another site or to upload
content or other information to the Site.
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