Welcome to our Web site! This Web site (www.iats.ticketmaster.com,
or any replacement site, the “Site”) is operated by
International Automated Transactions Services (or “IATS,” and
also referred to below as “we” or “us”)
to provide you with information about us, our products and services,
your account with us, and our industry. All access to and use of
the Site is governed by and subject to these terms and conditions
of use (these “Terms”) and, if you have entered into
a separate agreement with us to utilize our services, as further
described below, the terms of that separate agreement (a “Merchant
Agreement”). Please read these Terms carefully and thoroughly.
By accessing and using the Site, you agree
that you have read and understand these Terms and that you accept
and agree to be bound by these Terms. If you do not agree to these
Terms, please do not continue to access and use the Site.
Changes to These Terms
We may update and amend these Terms from time to time, as necessary
and appropriate. For example, we may from time to time incorporate
additional terms specific to additional features, materials,
products, opportunities, or services that we may make available
on or through the Site. All such updates and amendments are effective
immediately upon notice thereof, which we may give by any means,
including, but not limited to, by posting a revised version of
these Terms or other notice on the Site. You
should view these Terms often to stay informed of changes that
may affect you, as your continued use of the Site signifies your
continuing consent to be bound by these Terms. We expressly reserve the right to
make any changes to these Terms, or to the Site and its content,
at any time, without prior notice to you.
Our Services
If you wish to utilize the financial transaction processing services
(or any other services) that IATS makes available on or through
the Site (the “Services”), you must enter into a
Merchant Agreement with us. We may, from time to time, post a
sample Merchant Agreement on the Site for review. If at any given
time a Merchant Agreement is in force and effect between us,
the terms of that Merchant Agreement govern your use and our
provision of the Services, as well as any information and transactions
that you submit to us, or that we process on your behalf, in
connection with the Services. If there is a conflict or inconsistency
of these Terms with the terms of a Merchant Agreement that you
have executed with us, the terms of the Merchant Agreement shall
govern and control.
Use of the Site
In these Terms, “you” refers to an individual accessing
the Site, regardless of the particular pages or features of the
Site that are visited or utilized. To the extent applicable, “you” also
includes the corporation or other legal entity (the “Merchant”),
if any, on whose behalf an individual is accessing the Site. You
agree that all information that you provide to us in connection
with your access to and use of the Site is, when provided, true,
accurate, and complete, to the best of your knowledge, ability,
and belief. We reserve the right to terminate these Terms with
respect to you, or to refuse, restrict, or discontinue service
or access to the Site (or any portions, components, or features
of the Site) to you or any other person or entity, for any reason
whatsoever, at any time, without notice or liability. Failure to
comply with these Terms may, among other things, result in the
immediate termination of your access to and use of the Site.
Privacy Policy
Information that we collect about you or any Merchant that you
represent, or that you submit or provide, through access to and
use of the Site is subject to our Privacy
Policy, the terms of
which are incorporated into these Terms by reference. We encourage
you to read and become familiar with our privacy practices, as
described in our Privacy Policy.
Consents
Before continuing to access and use this Site, you must obtain
any required consents, authorizations, and approvals from the
Merchant that you represent and from any customers, clients,
donors, and other third parties who may be affected by, or may
need to consent to, authorize, or approve, your access to and
use of the Site or your sharing or disclosure of information
in connection with the Site or our Services, whether such consents
and approvals are required by law or otherwise.
Security
IATS uses commercially reasonable measures to appropriately secure
and protect information transmitted to and from the Site. Nevertheless,
we cannot and do not guarantee that any such transmissions are
or will be totally secure. You are responsible for maintaining
the confidentiality of any client or Merchant identifier or other
unique name or number (your “ID”) and any password
that may be assigned to you by IATS, and you are fully responsible
for all access and any activity that occurs through use of your
ID or password. You agree to immediately notify us of any unauthorized
use of your ID or password, or of any breach of Site security
or of these Terms, of which you become aware. IATS is not and
shall not be liable for any loss or damage arising from any unauthorized
access or use of your ID and password.
Proprietary Content
We respect the intellectual property rights of others and expect
you to do the same. IATS has expended substantial time, effort,
and resources to create the Site and to collect and provide the
features, materials, opportunities, and services that are available
on or through the Site. IATS owns, or (where required, appropriate,
or applicable) has been licensed by third parties to use, all
right, title, and interest in and to the Site and the features,
materials, opportunities, and services made available on or through
the Site, and all information, text, data, databases, graphics,
images, audio and visual clips, logos, software, and other materials
contained therein, and the compilation, collection, design, selection,
and arrangement thereof (collectively, the “Content”).
You acknowledge that the Content constitutes valuable proprietary
information that is protected by applicable intellectual property
and other proprietary rights, laws, and treaties of the United
States and other countries throughout the world, and that you
acquire no ownership interest by accessing and using the Site
and the Content. Such intellectual property and proprietary rights
may include, but are not limited to, various patents, copyrights,
trademarks and service marks, registered trademarks and service
marks, trade dress protection, and trade secrets, and all such
rights are and shall remain the property of IATS or its licensors
and content-providers.
Use of Content
IATS grants you a limited license to access and make personal use
of the Site and the Content solely for legitimate purposes consistent
with the reasonably inferable intended purposes of the Site and
the Content. Any other access to or use of the Site or the Content
constitutes a violation of these Terms. No business or professional
relationship is created in connection with any provision of the
Content. Except as expressly provided for in these Terms, any
alteration, modification, reproduction, redistribution, retransmission,
redisplay, or other use of any portion of the Site or of the
Content in any other manner or for any other purpose constitutes
an infringement of our intellectual property and other proprietary
rights and is strictly prohibited. Other than as necessary and
required to facilitate your personal use of the Site, as provided
above, you may not reproduce, perform, create derivative works
from, republish, upload, post, mirror, archive, retransmit, or
redistribute in any way whatsoever any Content or any portion
of the Site without the express, prior written permission of
IATS. Use of the Content, or any portion thereof, on any other
Web site or other networked computer environment is prohibited
without the express, prior written permission of IATS. Accessing,
using, or copying any portion of the Site or of the Content through
the use of bots, spiders, Web crawlers, indexing agents, or other
automated devices or mechanisms is strictly prohibited. You agree
not to remove or modify any copyright notice or trademark legend,
author attribution, or other notice placed on or contained within
any of the Content. Except as expressly authorized by IATS in
writing, in no event shall you reproduce, redistribute, duplicate,
copy, sell, resell, or exploit for any commercial purpose, all
or any portion of the Site or the Content or access to or use
of the Site or the Content.
Use of Submissions
By submitting any information or material through the Site or to
IATS, whether by e-mail, telephone, or other mode or medium of
communication, or through access to and use of the Site or the
Content, you thereby expressly grant, or warrant that the owner
of such material has expressly granted, IATS a royalty-free,
fully-paid, perpetual, irrevocable, non-exclusive right and license
to use, make and have made, reproduce, modify, adapt, publish,
translate, and distribute such material (in whole or in part)
worldwide and to incorporate it in other works in any form, media,
or technology now known or hereafter developed, subject to our
Privacy Policy, as available on the Site.
User Conduct
In connection with your access to and use of the Site
and that of any person authorized by you to use the Site, you are
responsible for compliance with all applicable laws, regulations,
and policies of all relevant jurisdictions. Recognizing the global
nature of the Internet, you agree to comply with all applicable
local rules and standards regarding online conduct and acceptable
content. Specifically, among other things, you agree that by, while,
or through accessing or using the Site you will not:
- restrict
or inhibit any other user from using or enjoying the Site;
- misrepresent
your identity or the identity of any Merchant that you represent;
- disrupt or interfere with the Site or its operation or availability,
or alter or tamper with the Content;
- post or transmit any unlawful,
fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, hateful, offensive, harassing, or otherwise
objectionable information of any kind, including, but not limited
to, any transmissions constituting or encouraging conduct that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or
foreign law;
- post or transmit any information that is invasive
of privacy or publicity rights or that violates or infringes
in any way upon the rights of others;
- post or transmit any advertisements,
solicitations, chain letters, pyramid schemes, investment opportunities
or schemes, or other unsolicited commercial communication or
engage in spamming, flooding, or any denial of service attack;
- post or transmit any data or information in violation of applicable
law (including, but not limited to, data protection, confidentiality,
and privacy laws and regulations);
- post or transmit any data
or software that cannot be exported without prior written governmental
authorization (including, but not limited to, certain encryption
software); and
- post or transmit any information or software which
contains a virus, trojan horse, worm, or other disabling device
or harmful component.
The above assurances and commitments by you shall survive termination
of these Terms.
Linked Sites
While IATS is a Ticketmaster company, these Terms do not apply
to Ticketmaster, to www.ticketmaster.com, or to any other Web sites
or companies, regardless of whether under Ticketmaster’s
control. However, for your convenience, certain hyperlinks may
be provided on the Site which link to other Web sites that are
not under the control of IATS. IATS does not endorse or sponsor
such other Web sites or companies and is not responsible for the
availability, accuracy, content, or any other aspect of such other
Web sites. IATS disclaims all liability for such other Web sites,
for all access to and use thereof, and for use of the links to
such other Web sites. IATS also disclaims all liability, and makes
no representations or warranties, with respect to any products
or services made available, sold, or provided to you or others
by any third party. Your use of other Web sites, and the offer
or purchase of products or services on or through such other Web
sites, is subject to the terms and conditions of those Web sites.
You agree that you will bring no suit or claim against IATS arising
from or based upon your use of, or the offer or purchase of products
or services on or through, such other Web sites. Hyperlinks to
other Web sites that are provided on the Site do not imply that:
(a) IATS is affiliated or associated with any linked sites; (b)
IATS is legally authorized to use any trademark, tradename, logo,
or copyright symbol displayed in connection with or accessible
through such links; or (c) any linked site is authorized to use
any trademark, trade name, logo, or copyright symbol of IATS.
Links
to the Site
IATS grants you a limited, revocable, nontransferable, nonexclusive
license to include a hyperlink on your own Web site to the home
page of the Site, provided that you do not: (a) "deep link" to
any other page of the Site; (b) "frame" the Site or any
Content or otherwise cause the Site or any Content to appear in
a window with any other material that does not constitute Content;
(c) cause the hyperlink to the Site, or the Site or any Content,
to be displayed in any way that is disparaging to IATS, or any
entity that is part of or associated with IATS; or (d) otherwise
imply or state that any type of relationship or special arrangements
exist with IATS, or any entity that is part of or associated with
IATS, that have not been approved in writing and in advance by
IATS. You agree that you will promptly remove any hyperlink to
the Site upon written request of IATS, at any time and for any
reason. In no event shall you use IATS’s logo or any other
trademark of IATS as a hyperlink "button," or in any
other manner, without IATS’s express written consent.
Disclaimer
Although IATS strives to make the Site, the Content,
and the features, materials, opportunities, and services provided
through the Site reasonably helpful, useful, reliable, and current,
you understand and agree that your access to and use of the Site,
the Content, and all materials, products, and services available
through the Site and IATS are at your own initiative and risk.
IATS does not make any promise, covenant, representation, warranty,
or guarantee that you or any other user of the Site will obtain
any particular or tangible result or goal through the use of the
Site or any other product or service in connection with use of
the Site. It is your responsibility to take appropriate precautions
to ensure that any information, materials, software, or data that
you access, use, download, or otherwise obtain on or through the
Site and IATS are: (a) up-to-date, accurate, complete, reliable,
and suitable to and appropriate for the purpose for that you, or
your Merchant, may desire to use them; and (b) free of viruses
and other disabling devices and destructive routines. THE SITE
AND THE CONTENT, AND (SUBJECT ONLY TO THE EXPRESS PROVISIONS OF
ANY MERCHANT AGREEMENT IN FORCE AND EFFECT BETWEEN YOU AND IATS)
ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR THROUGH THE
SITE AND IATS ARE PROVIDED "AS
IS" AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES
OR GUARANTIES, EXPRESS OR IMPLIED. IATS DISCLAIMS ALL WARRANTIES,
INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IATS DOES NOT
REPRESENT, WARRANT, OR COVENANT THAT THE SITE, THE CONTENT, OR
(SUBJECT ONLY TO THE EXPRESS PROVISIONS OF ANY MERCHANT AGREEMENT
IN FORCE AND EFFECT BETWEEN YOU AND IATS) ANY MATERIALS, PRODUCTS,
OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH IATS ARE
OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR APPROPRIATE
FOR ANY PARTICULAR USE TO WHICH YOU, OR THE MERCHANT YOU REPRESENT
(IF ANY), MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE
ON AN UNINTERRUPTED OR ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE SITE, THE CONTENT, AND THE MATERIALS, PRODUCTS, AND
SERVICES AVAILABLE ON OR THROUGH THE SITE AND THROUGH IATS ARE
FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation
of Liability
IN NO EVENT SHALL IATS, ITS AFFILIATES, CONTRACTORS,
SUPPLIERS, CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE
OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH
OF THE FOREGOING, BE LIABLE TO YOU, TO THE MERCHANT THAT YOU REPRESENT
(IF ANY), OR TO ANY THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR
OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY,
OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE
OF, OR RELIANCE ON, THE SITE, THE CONTENT, OR THE MATERIALS, PRODUCTS,
AND SERVICES ACCESSIBLE ON OR THROUGH THE SITE OR THROGUH IATS;
(B) IATS’S PERFORMANCE OF OR FAILURE TO PERFORM ITS OBLIGATIONS
IN CONNECTION WITH THESE TERMS; (C) THE DEFAMATORY, OFFENSIVE,
OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR OF THIRD PARTIES;
OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES PROVIDED
BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL IATS, ITS AFFILIATES,
CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES,
AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE
FOREGOING, BE LIABLE TO YOU, TO THE MERCHANT THAT YOU REPRESENT
(IF ANY), OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR DATA, LOSS OF GOODWILL, LOSS
OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS INTERRUPTION, AND
CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS OR THE MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON OR
THROUGH THE SITE OR THROUGH IATS, THE USE, COPYING, OR DISPLAY
OF THE SITE OR THE CONTENT, TRANSMISSION OF INFORMATION TO OR FROM
THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE BEYOND THE CONTROL
OF IATS, EVEN IF IATS WAS ADVISED, KNEW, OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A JURISDICTION THAT
DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN
DAMAGES, THE LIABILITY OF IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS
CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE
FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS TO THE
FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE FOREGOING,
IF IATS, ITS AFFILIATES, CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS,
AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING,
IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY
CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE
TERMS, THE SITE, THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT,
IATS AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM
LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR
YEAR SHALL NOT EXCEED $100.
Indemnification
You agree to indemnify, defend and hold IATS, and
the officers, directors, employees and agents of IATS, harmless
from and against all claims, demands, suits or other proceedings,
and all resulting loss, damage, liability, cost, and expense (including
reasonable attorneys' fees), made by any third party due to or
arising out of: (a) content, data, or information that you submit
or transmit to or through, or post to, the Site; (b) your access
to and use of the Content, the Site, and other materials, products,
and services available on or through the Site and IATS; (c) your
violation of these Terms; or (d) your violation of any rights of
another. We reserve, and you grant to us, the right to assume exclusive
defense and control of any matter subject to indemnification by
you hereunder. All rights and duties of indemnification that are
set forth herein shall survive termination of these Terms.
Miscellaneous
These Terms and the Privacy Policy referenced herein
(as each may be revised and amended from time to time according
to their respective terms), together with any Merchant Agreement
that may be in force and effect between us, collectively constitute
the entire agreement with respect to your access to and use of
the Site, the Content, and any other materials, products, and services
available on or through the Site or through IATS. Nothing in these
Terms will supercede any provision of any Merchant Agreement or
other separate agreement between you and IATS with respect to the
subject matter thereof. Our electronically or otherwise properly
stored copy of these Terms shall be deemed to be the true, complete,
valid, authentic, and enforceable copy of these Terms, and you
agree that you shall not contest the admissibility or enforceability
of IATS’s copy of these Terms in connection with any action
or proceeding arising out of or relating to these Terms. Except
as expressly provided for herein, these Terms do not confer any
rights, remedies, or benefits upon any person other than you and
IATS. IATS may assign its rights and duties under these Terms at
any time to any third party without notice. You may not assign
these Terms without the prior written consent of IATS. These Terms
shall be binding on and inure to the benefit of the parties hereto
and their respective successors and permitted assigns. Should any
provision of these Terms be held to be void, invalid, unenforceable,
or illegal by a proper legal authority, the validity and enforceability
of the other provisions hereof shall not be affected. You are responsible
for complying with any and all laws of the jurisdiction from which
you are accessing the Site and any other jurisdiction whose laws
apply to you or your actions. You agree that you will not access
or use the Site, the Content, or any other information or materials
on the Site in violation of the aforementioned laws or these Terms.
Jurisdiction
The Site is currently maintained, operated, and controlled
by IATS in the Province of British Columbia, Canada. These Terms
shall be governed by and construed under the laws of the State
of New York, USA / Province of British Columbia, without regard
to conflicts of law principles or rules. Any legal action brought
by you that arises out of or relates to these Terms and your access
to and use of the Site or the Content must be commenced within
one year after the cause of action arises. You and IATS each hereby
expressly consent and irrevocably submit to the exclusive jurisdiction
of the state and federal courts sitting in State of New York /
Province of British Columbia for resolution of any matters related
to interpretation, construction, or enforcement of these Terms
or otherwise in connection with these Terms, the Privacy
Policy referenced herein, or otherwise
related to or in connection with your access to and use of the
Site, the Content, and the materials, products, and services available
on or through the Site or through IATS. You and IATS each expressly
waive any claim that venue is improper for any reason in these
courts.
Questions Regarding The Site or these Terms
Please contact us with
any questions regarding the Site or these Terms by e-mail at iatscs@ticketmaster.ca or
by calling IATS at 604-682-8455.
Acknowledgement
BY USING AND ACCESSING THE SITE, YOU AGREE TO BE
BOUND BY THESE TERMS AND THE PRIVACY
POLICY REFERENCED HEREIN.
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