Last Updated: 10/03/2016
Tixsee LLC (“Tixsee,” “us,” “we,” or “our”) operates the “Dallas Mavericks” mobile applications, the web applications located at www.mavs.com/tour and www.mavs.com/360-tickets, and the website https://www.tixsee.com (the “Applications”).
Tixsee may make changes to these Terms at any time, and without notification to you. Any changes made to the Terms will be effective immediately when the revised version of these Terms is posted on the Applications. The date listed above as “Last Updated,” will tell you when these Terms were last revised. By continuing to use the Applications after the “Last Updated” date, you are agreeing to any changes we made to these Terms.
1. Code of Conduct
As a use of this Applications, you agree to comply with all applicable laws, rules, and regulations, and that you will not:
- Use the Applications for any unlawful purpose;
- Restrict or inhibit any other person from using the Applications;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company;
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Applications users;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Use any password or promotional code on the Applications if you did not receive the password or promotional code from us; or
- Use any area of the Applications for commercial purposes.
2. Ownership of Content and Grant of Limited and Conditional License
The Applications and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Applications (collectively, the “Content”) are owned by us and/or our licensors. Tixsee and/or our licensors own the copyrights, trademarks, patents, and other intellectual property in the Applications and Content. Tixsee may change the Content and any features and functionality of the Applications at any time without notification to you.
Tixsee grants you a limited, non-exclusive, non-transferable, non-sub-licensable, conditional, no-cost license to view and use this Applications and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree in return that you will not:
- Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
- Link to any portion of the Applications other than the URL assigned to the home page of our Applications;
- “Frame” or “mirror” any part of the Applications;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Applications or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark, patent, or other proprietary rights notices contained on the Applications;
- Use any robot, spider, offline reader, Applications search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Applications, including with respect to any CAPTCHA displayed on the Applications. Operators of public search engines may use spiders to copy materials from the Applications 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. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to search for, reserve, buy or otherwise obtain discount codes, promotional codes, vouchers, gift cards, or any other items available on the Applications, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Applications or the Content;
- Decode, decrypt, reproduce, modify, or reverse engineer any underlying algorithms or barcodes used on or in production of the Applications;
- Use the Applications or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Applications and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.
The license above is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in These Terms and this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section and these Terms. Any use of the Applications or Content by you or anyone acting on your behalf that does not strictly comply this section is beyond the scope of the license granted to you, constitutes unauthorized use of the Applications and Content, and infringes our copyrights, trademarks, patents and other rights in the Applications and Content.
The registered and unregistered trademarks, logos, text marks, and service marks displayed on the Applications are owned by Tixsee or our licensors. You may not use our trademarks, logos, text marks, and service marks in any way without Tixsee’s prior written permission. You may inquire about obtaining permission by writing:
2112 Commerce Street
Dallas, TX 75201
3. Account Registration
You may access the Applications without registering for an account; however, you are required to register an account to use certain features of the Applications. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be solely responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not sell or transfer access to your account. Tixsee, and any of its affiliates, will not be responsible or liable for any harm related to the disclosure of your username or password, or the use by anyone else of your username or password. You may not use another user’s account without that user’s specific permission. You will immediately notify us in writing at the address provided below if you discover any unauthorized use of your account or other account-related security breach. Tixsee may require you to change your username and/or password if we believe your account is no longer secure, or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. Tixsee may refuse registration, cancel an account or deny access to the Applications for any reason at any time.
4. Billing Information Verification
All orders are subject to credit card approval, and processed only after a billing address, and other billing information, has been verified. If Tixsee received incorrect billing or credit card account information for an order, this may delay processing and delivery of your order. In these cases, Tixsee customer service will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order without further notice.
5. Methods of Delivery
Different delivery methods may be offered, depending on factors that include the venue or location where the event is to be held, the country in which you live, how much time is left before the event starts, whether it is a holiday season, and the demand for the event. Please carefully review the list of delivery methods offered during the purchase process.
6. Limitation of Liability
Your attendance to any sports or entertainment event is strictly at your own risk. Balls, pucks, and other objects may fly into the spectator area during an event. Despite spectator shielding, injury can and does frequently occur. Stay alert at all times before, during and after play or performance. If struck, immediately ask an usher for directions to a medical station. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the event, and you waive any claims for personal injury or death against us, management, facilities, leagues, artists, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners and employees on behalf of yourself and any accompanying minor. Some events may use fog/smoke machines, strobe lights, and a variety of visual effects that may be detrimental to certain medical conditions. If you have a medical condition that can be negatively impacted by these visual effects, and you continue to attend the event, you are doing so strictly at your own risk. You bear all risks of inclement weather. Event date and times are subject to change due to a variety of factors that are beyond Tixsee’s control.
7. Forums and User Content
Tixsee may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Applications (collectively, “Forums”), and you may be able to submit comments, suggestions, reviews, and concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Applications (“User Content”).
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Applications, you grant Tixsee and its affiliates, a worldwide, non-exclusive, transferable, sublicenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation, credit or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content. Tixsee is not obligated to post, display or otherwise use any User Content, or to credit your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights, including copyrights.
Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss, damage, or harm caused by the posting or your reliance on information obtained through the postings.
You will be solely responsible for your User Content and the consequences of posting it. Your posts of User Content will be public. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content, and to grant the licenses to Tixsee under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Applications and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
Tixsee and/or it’s affiliates will have the right (but not the obligation) to monitor the Applications, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Applications properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts Tixsee believes are necessary to resolve any complaint.
8. Claims of Copyright Infringement on the Applications
Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Applications infringes your copyright, you may send us a written notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Applications that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Applications; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.
Notices and counter-notices should be sent to our Copyright Officer. There can be penalties for false claims under the DMCA. We suggest that you consult your attorney before filing a notice or counter-notice.
It is our policy to terminate, in appropriate circumstances, the access rights to the Applications of repeat infringers.
9. Third Party Links
10. Parental Controls
We have no ability to prohibit minors from visiting our Applications, and must rely on parents and guardians to control access to our Applications, and to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. Please note, we do not endorse the products or services listed at this website.
11. Access from Outside the United States
The Applications is directed to people living in the United States. We do not represent that Content available on or through the Applications is appropriate or available in other locations and countries. Tixsee may limit the availability of the Applications or any service or product described on the Applications to any person or geographic area at any time and in its sole discretion. If you choose to access the Applications from outside the United States, you may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Applications, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
12. Rules for Sweepstakes, Contests and Games
In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Applications may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms. Furthemore, Apple Inc. does not, in any way, sponsor or endorse Promotions made available through the Applications, and/or App, and shall not be required to perform any obligations to you under the Promotions.
13. Mobile Messaging
We offer browsing and mobile messaging services which may include alerts, promotions, and offers for products. You may choose to receive mobile alerts by signing up or participating in a particular promotion. If you do so, you authorize Tixsee and its affiliates to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase something from us.
Message and data rates may apply, according to your rate plan provided by your wireless carrier. Tixsee and its affiliates will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive our alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. We may send you a bounce back message for every message you send to us. We do not guarantee that service will be compatible with all wireless carriers or devices.
You may opt out of any alerts by replying to an alert with the text message “STOP” or by sending the text message “STOP” to the shortcode provided. If you opt out by sending us a text message, we will send you a text to confirm your request. If you do not want to receive a confirmation text message, you may opt out by sending an email to email@example.com with your request and mobile device number. It may take us up to 20 days to remove your mobile device number from our database. For additional help, text “HELP” to the shortcode provided, or email firstname.lastname@example.org.
Tixsee is not responsible for the accuracy of any information displayed in our mobile messaging, for any misdelivery, or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from us.
14. Mobile Device Application (“Apps”)
If you download, install, or use our mobile application, software and services, including any accompanying documentation (collectively, “App”), we grant you a limited right to download, install, and use the App on a single authorized device located in the United States, and its territories or in another country where we may offer the App. You may use the App for your personal, non-commercial and entertainment purposes only. You agree to also comply with any third party provider’s terms of service for any app store purchases, including but not limited to Apple App Store, Android, and Google Play. We do not grant you any rights to any related documentation, support, upgrades, maintenance or other enhancements to the App. Tixsee will not provide you with any device, internet access or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App, including your location and contact information.
15. Violation of these Terms
You agree that your abusive use of the Applications may cause damage and harm to us, including impaired goodwill, lost sales and increased expenses..
16. Disclaimer of Warranties
TIXSEE PROVIDES THE APPLICATIONS AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE APPLICATIONS RUNNING, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE APPLICATIONS WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE APPLICATIONS WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
17. Limitation of Liability
IN NO EVENT WILL TIXSEE, TIXSEE’S AFFILIATES, OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE APPLICATIONS, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE APPLICATIONS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE APPLICATIONS TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APPLICATIONS, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APPLICATIONS, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APPLICATIONS IS TO STOP USING THE APPLICATIONS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE APPLICATIONS WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
If anyone brings a claim against Tixsee or our affiliates related to your use of the Applications, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, Event Providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
19. Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Applications, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Dallas County, Texas, and we both consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Dallas County, Texas, and we both consent to the jurisdiction of those courts for such purposes.
The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
If you have any questions, comments or complaints regarding these Terms or the Applications, please contact us:
2112 Commerce Street
Dallas, TX 75201
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.
While some of the events listed on the Applications may appeal to children, the Applications is not targeted at children under the age of 13, and they are not permitted to use the Applications. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Applications, you affirm you are at least 13 years old.